Zoning Board of Appeals 14-1993CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON APRIL 22, 1993.
Chairman Gerald Fohr called the meeting to order at 7:30 p.m.
PRESENT: Chairman Gerald Fohr, Vice -Chairman Don Pionek,
Mr. Terry O'Neil, Mr. Thomas Berken, Mr. Chuck Dykstra,
Sr.
ABSENT: Mr. Robert Vitt, Mr. Darryl Rowinski, Mr. Lloyd Erno
MINUTES: Mr. Pionek made a motion to approve the minutes of
March 25, 1993 meeting, with the correction of
Mr. O'Neil's name being omitted from the present list.
Mr. O'Neil, seconded. Upon a voice vote, the motion
to adopt the minutes passed unanimously.
APPEAL #14-93 - Gary Wickert, S70 W17716 Muskego Dr., Muskego,
Wisconsin, 53150, appeared requesting 4 variances:
1) A 10 sq. ft. size variance to Section 17.405(2)4. required
maximum of 60% of home to allow 672 sq. ft. garage;
2) A 613 sq. ft. variance to Section 17.907(5), required open
space (this lot is existing non -complying regarding open space
and the 613 represents only the square footage that would add to
the existing noncompliance if the proposed structure were
constructed;
3) A 3'-6" offset variance to Section 17.907(3) requirement of
6'-6" to allow new garage within 3'-0" of NW lot line;
4) A 6'-9" offset variance to Section 17.907(3) requirement of
9'-9" to allow a new garage within 3'-0" of NE lot line.
An 8 x 10 storage shed was noticed after an inspection of the
site. The lot in back of this property is also owned by the
petitioner where the shed is located. This shed should not be
there without a principal building. This outbuilding will have tc
come back on his property. The open space figure will now be
changed to 6951. Mr. Wickert indicated that the shed would be
removed. He needs the 7' variance in order for him to utilize his
garage. The addition to the home (18 x 12) does not need
a variance. Jean Luther, neighbor to the northwest, requested
that no heavy equipment travel down this driveway. As his land is
higher than hers and she didn't want the retaining wall to give
way and end up with water in her basement. Carol Couillard,
neighbor, was not in favor - she felt the driveway was too narrow.
Chairman Fohr asked that he consider bringing in heavy equipment
in from his back lot and he would like to see the shed go.
BOARD OF APPEALS
Page 2
April 22, 1993
APPEAL #15-93 - Barbara Fields, S68 W18123 Island Drive, Muskego,
Wisconsin, 53150 appeared requested 2 variances:
1) A 28'-0" setback variance to Section 17.904(7)E.1. requirement
of 50 feet to allow a wooden egress walkway within 22 feet of
O.H.W.M. (lake);
2) A 3'-2" offset variance to Section 17.904(3) requirement of
6'-8", to allow a wooden egress walkway with 3'-6" of NW property
line.
Mrs. Fields she would like to replace an existing deck, redo
a wall that is coming in a bit, and replace cement throughout
walkway as it came loose from the house. She would need it to
be wheelchair and walker accessible. Mrs. Fields feels this new
deck would enhance the value of the house, as it is an eyesore.
Mr. Matthew Soik, neighbor NW of Fields, stated he was all in
favor. Because of a discrepancy, he just wanted to make sure the
variance would be as stated. The two neighbors agreed
in having a fence put on the lot line. Mr. Soik also asked if
there would be any restrictions to his lot because of this
variance. Mr. Dykstra said he could not guarantee there
wouldn't. The new survey will be here by the first of the week.
Mrs. Fields said she didn't intend to put a wheelchair ramp in.
It was suggested that another set of stairs be added that would
exit from the lake side of the house. She would not need a new
variance for these stairs. This variance is a result of
replacement of an existing, deteriorating deck, redo the wall that
is coming in a bit, and a cement walkway that has come loose from
the house. Mr. Matt Soik, a neighbor to the northwest, stated
he was in favor of this deck, but wanted to be certain that the
figures stated were correct, as there were discrepancies in the
beginning. Mr. Dykstra recommended another exit off of the deck.
APPEAL #16-93 - Tom Ludwig, 5106 W16440 Muskego Dam Rd., Muskego,
Wisconsin 53150 appeared requested 2 variances:
1) A 1680 square foot area variance from Section 17.819(5)
required open space (this lot is currently nonconforming
regarding open space, the 1680 represents only the square
footage that is proposed to be added and does not address the
existing nonconformity);
2) A 70'-0" setback variance from Section 17.819(3) requirement
of 75 feet to allow construction within 5 feet of N lotline.
This is a triangular sized lot with very little buildable area
left. Mr. Larry Kirch did not get an answer back about the
improvements to Hwy. 36. There is a 75' setback along Muskego Dam
Road. Mr. Ludwig stated he needed more storage for lumber to
purchase it in quantity. The setback variance should be changed
to 65 instead of 70, as he intends to build 10 ft. from the lot
line. There is no residence on this property, only the
woodworking shop and it is Zoned Agriculture. The State actually
owns property completely surrounding him.
BOARD OF APPEALS
Page 3
April 22, 1993
The meeting remained in open session.
APPEAL #14--93 - Gary Wickert, S70 W17716 Muskego Dr., Muskego,
Wisconsin. Chairman Fohr stated the shed should go. The variance
calculations depend on whether he decides to keep the shed or not.
Hardship being location of existing home on lot, size of lot, and
need for storage. Mr. Pionek made a motion to approve this
appeal providing the shed is removed and disposed of properly.
Also that he use the back lot for heavy equipment traffic. Time
frame for removal and clean up of shed would be 30 days. Mr.
O'Neil seconded. Upon a voice vote, the motion passed unanimously.
APPEAL #15-93 - Barbara M. Fields, S68 W18123 Island Drive,
Muskego, Wisconsin. It was requested that another exit to ground
with stairs be constructed in the lake side. Hardship being to
allow for a 2nd exit. Mr. O'Neil made a motion to approve this
appeal with this stairway addition and 3'2" offset variance be
changed to 4' and the 3'6" changed to 2'8". Mr. Pionek seconded.
Upon a voice vote, the motion, as amended, passed unanimously.
APPEAL #16-93 - Tom Ludwig, S106 W16440 Muskego Dam Rd., Muskego,
Wisconsin. Hardship being increase in business, configuration of
lot, and need of storage. Mr. Fohr made a motion to approve this
appeal as submitted. Mr. O'Neil seconded. Upon a voice vote, the
motion passed unanimously.
MISCELLANEOUS BUSINESS:
The new variance application was discussed by the Board and Mr.
Dykstra. New fees need to be changed by Ordinance. The Board has
the right to defer any appeal to the next meeting if additional
information is needed.
Motion #1. - Mr. Pionek made a motion to require a survey to
submittal necessary for all appeals, except for a height or bldg.
wall sign variance. Mr. Berken seconded. Upon a voice vote, the
motion passed unanimously.
Motion #2 - Mr. Fohr made a motion to charge $80 across the board
for variances. Mr. O'Neil seconded. Upon a voice vote, the
motion passed unanimously. Mr. Dykstra was instructed to start
the fee change process.
Motion #3 - Mr. Berken made a motion to accept the changes to the
application for variance as discussed. Mr. Pionek seconded.
Upon a voice vote, the motion passed unanimously.
Motion #4 - Mr. Pionek made a motion to start utilizing the new
variance form and survey requirements for the next meeting
submittals, with the exception of one variance previously
submitted to the meeting. Chairman Fohr seconded. Upon a voice
vote, the motion passed unanimously.
BOARD OF APPEALS
Page 4
April 22, 1993
The board members requested a copy of the application prior to
the meetings and material to get to them earlier.
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There being no further business, Mr. Berken made a motion to
adjourn and Mr. O'Neil seconded. Upon a voice vote, the motion to
adjourn passed unanimously. The meeting was adjourned at 10:15
p.m.
Respectfully submitted,
BOARD OF APPEALS
Kathy lbrecht
Recording Secretary
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a public hearing will be held at the Muskego City
Hall, W182 S8200 Racine Avenue, at 7:30 P.M., Thursday, April 22,
1993 to consider the following appeals:
APPEAL #14-93 Gary Wickert
S70 W17716 Muskego Dr.
Muskego, WI 53150
REQUESTING 4 Variances:
1) A 10 sq. ft. size variance to
Section 17.405(2)4. required maximum of
60% of home to allow 672 sq. ft. garage;
2) A 613 sq. ft. variance to Section
17.907(5), required open space (this lot is
existing noncomplying regarding open space
and the 613 represents only the square
footage that would add to the existing
noncompliance if the proposed structure
were constructed);
3) A 3'-6" offset variance to Section 17.907(3)
requirement of 6'-6" to allow new garage
within 310" of NW lot line;
4) A 6'-9" offset variance to Section 17.907(3)
requirement of 9'-9" to allow a new -garage
within 3'-0" of NE lot line.
ZONING: RS3-OED
APPEAL #15-93 Barbara M. Fields
S68 W18123 Island Drive
Muskego, WI 53150
REQUESTING 2 Variances:
1) A 28'-0" setback variance to Section
17.904(7)E.1. requirement of 50 feet
to allow a wooden egress walkway within
22 feet of O.H.W.M. (lake);
2) A 3'-2" offset variance to Section
17.904(3) requirement of 6'-8", to allow
a wooden egress walkway within 3'-6" of
NW property line
ZONING: RS3-OLS
Board of Appeals
Page 2
April 22, 1993
APPEAL #16-93
Tom Ludwig
S106 W16440 Muskego Dam Rd.
Muskego, WI 53150
REQUESTING 2 Variances:
1) A 1680 square foot area variance from
Section 17.819(5) required open space
(this lot is currently nonconforming
regarding open space, the 1680 represents
only the square footage that is proposed
to be added and does not address the
existing nonconformity);
2) A 70'-0" setback variance from Section
17.819(3) requirement of 75 feet to allow
construction within 5 feet of N lotline.
ZONING: A
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will convene, upon passage of the proper motion, into
closed session pursuant to Section 19.85 (1) (a) of the State
Statutes for the purpose of deliberating concerning cases which
were the subject of a quasi-judicial hearing; said cases being the
above listed appeals.
The Board of Appeals will then reconvene into open session.
Detailed descriptions are available for public inspection at the
Clerk's office. All interested parties will be given an
opportunity to be heard.
Board of Appeals
City of Muskego
Gerald Fohr, Chairman
PLEASE NOTE., It is possible that members of and possibly a
quorum of members of other governmental bodies of the
municipality may be in attendance at the above -stated meeting
other than the governmental body specifically referred to
above in this notice.
Also, upon reasonable notice, efforts will be made to
accommodate the needs of disabled individuals through
appropriate aids and services. For additional information or
to request this service, contact Sean K. Marenda, City Clerk,
at Muskego City Hall, 679-4100.
Dated this 9th day of April, 1993