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ZBA-Minutes 14-1991CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING ON JUNE 27, 1991. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Fohr, Vice -Chairman Terry O'Neil, Thomas Berken, Lloyd Erno, Donald Pionek, Bonnie Posbrig, Darryl Rowinski and Director Chuck Dykstra. ABSENT: No one. MINUTES: Chairman Fohr requested that a correction be made to the minutes of the meeting held on May 23, 1991. The correction being on Page 2 in Appeal 12-91 correcting the name of the Chairman as indicated from "Salentine" to "Fohr." Mr. Rowinski made a motion to approve the minutes of the May 23, 1991 meeting and Mr. Erno seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 14-91- Boehm Construction, S81 W17656 Haven Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Boehm Construction requesting an appeal of the decision by the building department director to assess double permit fees. Zoning: RS-2/OPD. Director Dykstra stated that the address was for a home under construction by Boehm Construction which was previously granted an "early start" permit by Gerald Lee on March 14, 1991. The early start permit allows for the construction of the footings and foundation only. Construction must cease at that point until the building permit is obtained. Mr. Dykstra noted that it was not until the 26th of April that Boehm Construction came in and applied for the building permit. Mr. Dykstra informed the Board that on May 17 he discovered that the house was further along in the construction process than the early start permit allowed. The roof was already on the structure and, in checking further he found that the building permit had not been issued and paid for by Boehm Construction. On that same day, he notified them of this fact and informed Mrs. Boehm that they would be assessed double permit fees as provided for by the city ordinance for commencing work without obtaining a building permit. Gregory Boehm and Pam Boehm appeared before the Board. Pam stated that Boehm Construction was not aware of the ordinance which allowed the assessment of double fees. She also told the Board that on two different occasions, she had gone to the Building Department and inquired about the permit for this house. Both times she stated that the permit could not be located. She did not pursue the matter. Boehm Construction believes the $246 double permit fee is excessive. Mr. Boehm stated that since they had the early start permit, he believes that the Building Department should have realized that he would eventually be coming in to take out the building permit. He also stated the double permit fee is unfair and believes that the penalty was meant for people who do not take out building permits at all. The fact that they were given the Minutes of Board of Appeals June 27, 1991 Meeting Page 2 early start permit and applied for the building permit should have been good enough. Mr. Dykstra again addressed the Board in response to the Boehms' statements. He informed the members that as director of the building department he no longer issues "early start" permits. Mr. Dykstra stated that when Mr. Boehm applied for the early start permit for this particular house, he did not submit plans, surveys, or the building permit application itself. This was not done until a month and six days later when Pam actually applied for the permit on the 26th of April. He believes that during that time, the Boehms forgot that they only had obtained an early start permit and came in and applied after having gone further than permitted with the construction of this house. Mr. Dykstra stated that it is too difficult for his department to keep track of early start permits that were issued in the past and assume that all of these will be followed through by the contractors. He stated that application for the permit in itself does not grant the applicant permission to construct anything. It must be paid for and in this case was not done so until after Boehm Construction was contacted on May 17. APPEAL 15-91- Richard Elliott, S76 W17871 Janesville Road, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Elliott appealing the Plan Commission decision granting expansion and amendment of the Conditional Use Grant to Jack and Marvin Strasser (Johnny's Petroleum). ZONING: B-3. Chairman Fohr called upon Director Dykstra for information on this appeal. Mr. Dykstra stated that the B-3 zoning allows for a business use of the property and the Plan Commission had granted expansion of the conditional use of same. Mr. Dykstra stated that the Plan Commission in granting the expansion placed numerous conditions on Johnny's Petroleum. These conditions will have to be met. Mr. Elliott, the spokesperson for the Kristen Down Homeowners Assn., appeared before the Board. He stated that the association is appealing the decision made by the Plan Commission for various reasons: 1.) The association and/or subdivision was not notified by the city regarding the sale of the three lots that the Strassers are now proposing to buy. He feels that the association was not given enough information to properly prepare for the Public Hearing and Plan Commission meeting. 2.) This expansion will increase the noise and air pollution for the area, having a negative effect on the Kristen Down Subdivision and its residents. 3.) There is not adequate screening. 4.) The conditions imposed on Johnny's will be difficult to enforce. Who will do the enforcing? 5.) At the present time, the Strassers are encroaching on sub- division property. 6.) The association feels that the Plan Commission did not discuss this matter thoroughly enough nor did they take all aspects into consideration when granting the expansion of the conditional use to Johnny's. They are asking the Board to appeal the Plan Commission decision. Minutes of Board of Appeals June 27, 1991 Meeting Page 4 Mr. Ashbaugh appeared before the Board and stated they want the enclosed arena so their horses (3 total) can be worked all year round. Mrs. Ashbaugh stated that she needs more room for the type of riding she does. The structure will be sided, with the house being resided in the future to match. APPEAL 18-91- John Hojnacki, W132 56826 Fennimore Lane, Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 3' 4" offset variance from the south lot line to add additional garage space. ZONING: RS-2. Mr. Hojnacki appeared before the Board stating he has a hobby of collecting cars. The additional cars are constricting his driveway. He intends to blend the addition in with the rest of the house. His neighbors have no objections. It was noted that the deed restrictions for the Hale Park Meadows Subdivision allow a 10' side offset. Mr. Hojnacki's plans must be approved by the Architectural Control Committee and/or Homeowner's Association. The Board adjourned into Closed Session. APPEAL 14-91- Boehm Construction, S81 W17656 Haven Drive. Discussion took place. The Board did not believe a hardship existed. Mr. Rowinski made a motion to deny the appeal and Mr. Berken seconded. Upon a roll call vote, the motion to deny the appeal passed unanimously. APPEAL 15-91- Richard Elliott, S76 W17871 Janesville Road. Discussion took place. Mr. O'Neil made a motion that the appeal be denied. Chairman Fohr seconded. Upon a roll call vote, the motion to deny the appeal passed with Mr. Rowinski and Mr. Pionek abstaining. APPEAL 16-91- Kevin Keller, S70 W17373 Jewel Court. Chairman Fohr made a motion to grant the 12' offset variance. Mr. Rowinski seconded. The hardship being the shape of the lot. Upon a roll call vote, the motion to grant the variance passed unanimously. APPEAL 17-91- Bruce Ashbaugh, S67 W20949 Tans Drive. Mr. Pionek made a motion to grant the 2,734 square foot size variance. Mr. O'Neil seconded. The hardship being the topography of the land and the fact that he has animals to shelter. Mr. Kovacs recommended that the appellants be required to record a statement to the deed confirming that the RCE Zoning would not permit commercial use of the property. The Planning and Development and/or Building Inspection Departments are to aid Mr. Ashbaugh. He must do this prior to the issuance of a building permit for the structure. Upon a roll call vote, the motion to grant the variance passed unanimously. APPEAL 18-91- John Hojnacki, W132 S6826 Fennimore Lane. Mr. O'Neil made a motion to grant the 3' 4" offset variance. Mrs. Posbrig seconded. The hardship being the lack of space to store Mr. Chuck Dykstra, Sr. Building Inspector City of Muskego Dear Chuck: You asked what the policy was in construction beyond a foundation Foundation Permit was issued. June 19, 1991 the past regarding the continued after an Early Start Permit or I can only remember a couple of times when that happened. After discussing it with the inspectors to determine the extent and any other problems they were having with the contractor, the decision I made was to have a Stop Work Order placed on the job until the permit was taken out. I do not know if this was the most effective way to handle the problem, but it did not put the burden on the department such as going to court if a citation was issued. I understand you have chosen to charge double permit fees for work done without a permit. This is one of the many options available and may be the most effective in stopping contractors from doing this in the future. Good luck, GERALD P. LEE Retired APPEAL 14-91 Iu1:4z[Q1iohIIII) l DATE: June 17, 1991 TO: Board of Appeal Members FROM: Chuck Dykstra, Sr. RE: Boehm Construction On March 14, 1991, Gregory Boehm came into the Building Inspection Department and took out an "Early Start" permit for a home located at S81 W17615 Haven Drive in Meadow Green West Subdivision. At that time, he paid $50 which is the fee for an Early Start permit. This permit allows construction of the footings and foundation walls only. Find enclosed highlighted area from the Wisconsin Administrative Code explaining permits to start construction of footings and foundation. Also enclosed on the same page, a time frame of 10 business days to approve or deny a building permit application. Also enclosed on the following page, Section 30.50 from the municipal code: Failure to Obtain Permit. This states double fees shall be charged if work is commenced prior to the issuance of a building permit. The following page is a copy of the Certification of Footings dated March 19, 1991 showing that five days after the Early Start permit was granted, the footings were installed. The next page is an inspection report showing that on March 20, 1991, the footings were inspected. On April 26, 1991, an application for building permit which would allow construction beyond the foundation when approved and paid for was applied for and although the date next to Pam Boehm's signature states the 25th of April, in the lower left hand corner next to "Fees:," you will see that this application was received and plan review was paid for on April 26, 1991. The next page shows a plat of survey. It also shows the date I approved the survey on 5/7/91. The next page shows the corner section of the blueprints and the date that they were stamped approved, 5/7/91. I would like to point out that from 4/26/91 to 5/7/91 there are only seven working days and according to the Wisconsin Administrative Code, this department has 10 working days to either approve or deny the application for building permit. The following page shows how the fees were totalled for this project and it designates the double permit fee that was charged. The final page is a copy of the receipt showing the date the money was received at the top (5/20/91). The date the plans were reviewed (5/7/91) and 5/17/91 being the day that I discovered this home had been built without a building permit. On May 17, 1991, I contacted Boehm Construction's office and informed them that they would have to come down to the inspection department and take out a permit for this work and that they would be charged double permit fees. On May 20, 1991, Gregory Boehm came into the office to discuss the matter, quite excited I might add. Mr. Boehm claims that they came in numerous times for this plan and it was not ready or it was unable to be located. I do not feel that this is the case and feel that what probably happened, looking at the dates of the construction, is that they forgot that they only had an early start permit. From the time of the footing inspection (3/20/91) to the time that they came in and applied for the permit (4/26/91) was a month and six days. With today's construction schedules, I find it unrealistic to believe that Boehm Construction let this foundation sit for a month and six days without ever coming in and applying for a permit. I feel that it was after a month and six days that they realized themselves that they had neglected to get the permit and then came in to try to get it. Now having been caught with the roof on the home, they would now like to point their finger in my department's direction and I feel that this is unjust. These ordinances and the Wisconsin Administrative Code rules are made for a reason. They are to be followed. If any of you Board members or I would go out and break a law, whether we knew it was a law or not, we know we could expect to pay the penalty for such action. If I am to enforce the rules, I will need your support. Thank you. Section 30.47 -- IDENTIFICATION OF PRODUCTS 100, All materials shall be identified by the approved label, the grade mark, the trade mark, or by other approved manufacturer's identification. Section 30.48 -- INVALIDITY OF PART If any section, subsection, paragraph, clause or provision of this code shall be adjudged invalid, such adjudication shall apply only to the provisions so ad- judged, and the rest of this Code shall remain valid and effective. Section 30.49 -- VIOLATIONS It shall be unlawful for any person to erect, use, occupy, or maintain any building or structure in violation of any provisions of this Code, or to cause, permit or suffer any such violations to be committed. Any person violating any of the pro- visions of this Code shall, upon conviction, be subject to a forfeiture of not less than One Dollar ($1.00) or more than Two Hundred Dollars (S200.00), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1) day or more than six (6) months or until such forfeiture and costs are paid. It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense. If, in any action, a permit was issued, it shall not constitute a defense, nor shall any error, oversight, or dereliction of duty on the part of the Building in- spector constitute a defense. Section 30.50 -- FAILURE TO OBTAIN PERMIT It shall be unlawful to commence work prior to obtaining a permit therefore. Double fees shall be charged if work is commenced prior to the issuance of a permit. - 75 - 61 I y= 00 0r a. i p oww ._ •O'C y A Cw i Ot O 01 2 +' :s ° - == g ._ -' :: -- cQ w w O - O t V ' = p O> - s. c! y �. 'B y +> C E O' wOVV OG`� udm CO 6d7'flp° GviOC .°�o G ��i jo �y toy 6r G�i CZ 2 o C o eoo s .0 : cc >aO.a w == cavgy) z v w° dd •6r a_c9 � yQA��� '-dam oo=O �_ r=.O�': V ' O EK >avE00o m m�aC�000cis o E atav�a0 OAe°� �.°.�E7 •G >>CG ^ �A,�C, -0tw°,-COr'L.a Gp u d L. c� v i..i = C W E G C •;; 0 �. '•-• ar w=- is C �T.-yy� m O m d C t'^.m 0. 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Top of footing grade -731 9�2 %TcP H s% Proposed slab grade Chief off -Survey Party \ G i Survey3rr- - ScG Reg. No. NOTE: This certificate is not valid unless it contains all signatures. Date Checked by , Building Inspector feat RESIDENCE FOR: YVES MACK