Zoning Board of Appeals 14-1995CITY OF
MUSKEGO
May 30, 1995
Mr. Mike Dudash 4fZ2-il
W208 S10332 Victoria Drive
Muskego, WI 53150
RE: S78 W16775 Spinnaker Drive
Dear Mr. Dudash:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that your request for a
variance to allow 31.0 road setback from Section 5.02(1) and
Section 8.07(3) was approved as submitted.
Sincerely,
�ollette M. Klenz
cc: Chairman Pionek
W182 S8200 Racine Avenue • Box 903 9 Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
DATE Mav 25. 1995
CITY OF MUSKEGO
BOARD OF APPEALS
APPEAL # 14-95
NAME Mike Dudash
ADDRESS W206 S10332 Victoria Drive
TELEPHONE
PROPERTY LOCATION ON WHICH VARIANCE IS REOUESTED
ADDRESS S78 W16775 Spinnaker Drive
TYPE OF ZONING RS-2
1) Appealing Section 3.08 (1) Appeal Provisions, petitioner
seeks relief from Chapter 17, Section 5.02(l) Building
Location and Section 8.07(3) RS-2 Suburban Residence
District Building Location. Said sections require a 40 foot
setback for all structures. The petitioner requests to expand
a garage with a 31.0 foot setback.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 05-09-95 RECEIPT NUMBER 136534
DECISION OF THE BOARD OF APPEALS
CHAIRMAN PIONEK�"`��
VICE-CHAIRMAN SCHNEIKER
MEMBER O'NEIL
MEMBER SCHEPP
MEMBER KERR
FIRST ALTERNATE HERDA
SECOND ALTERNATE BRANDT
Secretary,/,.;
Date/�/�
PROVED DENIED
M
Page 2 Board of Appeals, May 25, 1995
Petitioner requests exemptions to the portions that set minimum
insulation standards. The zoning is Agricultural.
Chairman Pionek referred to a letter submitted by Mr. Chuck
Dykstra, Director of the Building Department. The letter stressed
that on February 20, 1995, Mr. Kindler signed an agreement to in
full faith repair the home. The appellant waited 74 days before
deciding to appeal administrative decision when it was discovered
the appellant would have to make up energy losses for the home by
insulating the basement perimeter and kitchen floor.
The Board deliberated whether the appeal should be reviewed. Mr.
Schepp made a motion not to hear the appeal on the basis that this
would set precedence onto future appeals in which the prescribed
time of appealing has expired. Mr Schepp also recommended that
the appellants money be refunded. Mr. Brandt seconded. Upon a
roll call vote, Appeal #12-95 was denied unanimously.
Appeal # 13-95 - Bernie and Teri Evans, S69 W13830 Tess Corners
Drive, Muskego, WI. Chairman Pionek read the appeal to Terry
Evans and Paul Pelzek of W139 S6960 Sherwood Circle. Requesting
relief from Chapter 17, Section 8.07(7)B.1 RS-2 Suburban
Residence District, Permitted Accessory Uses and Section
8.01(7)B.2 RCE Country Estate District, Permitted Accessory Uses.
The petitioner's zoning district requires that on lots of at least
120,000 square feet and up to and including 400,000 feet the total
floor area of all outbuildings buildings combined does not exceed
1% of the lot area. Petitioner requests to exceed the total floor
area from 1.1% to 1.6%. The zoning is RS-2, Suburban Residence
District.
Mr. Sadowski pointed out to the Board that the appeal was a
request for a variance for 1.7% to 2.3%.
The petitioner stated that she would like to subdivide the lots
into three (3) parcels, two (2) at one (1) acre apiece and one (1)
at three (3) acres. The three (3) acre lot, however, contains a
barn, shed, and an approved second garage structure by the
Planning Commission with a square footage variance from the
Board. The second garage structure and variance were granted for
the original five (5) acre lot. The petitioner requests that the
three (3) acre lot be granted the same variance. The petitioner
is also willing take down the existing shed and not build the
proposed garage structure.
The appellant stated she has tried to sell the current lot as a
whole, but with the lot being surrounded by smaller lots, it has
been difficult to sell such a large lot for a reasonable offer.
By subdividing the lots, she could sell the smaller lots more
quickly and make the three (3) acre lot more attractive.
Appeal # 14-95 - Mike Dudash, S78 W16775 Spinnaker Drive,
Muskego, WI. Chairman Pionek read the appeal for Mike Dudash of
and Robert Kroening of S78 W16775 Spinnaker Drive and present
owner of the subject lot. Requesting relief from Chapter 17,
Page 4 Board of Appeals, May 25, 1995
permit the appellant to receive their occupancy permit or would
any other issues be brought back to the Board.
Mr. O'Neil made a motion to approve the appeal as submitted. The
hardship cited was that the current difficulty to securing an
occupancy permit is due to the square footage problem. This
square footage was approved by the Building Department when it was
originally submitted. Now that the square footage problem is a
pre-existing condition, assuming no other discrepancies, the
granting of the variance is not contrary to the public's interest
and is consistent with the spirit of the zoning ordinance. Mr.
Brandt seconded. Upon a roll call, Appeal #11-95 passed five (5)
to one (1), with Mr. Schepp voting nay.
APPEAL #12-95 - James Kindler, W216 S10621 Crowbar Road, Muskego,
WI. The Board denied hearing Appeal #12-95 during deliberations.
APPEAL #13-95 - Bernie and Terri Evans, S69 W13830 Tess Corners
Drive, Muskego, WI. The Board deliberated over what type of
hardship could be granted to ensure the preservation of the
existing barn structure if the parcel was subdivided. Mr.
Schneiker made a motion to approve the variance as submitted under
the condition that the only outbuilding permitted is the existing
barn structure at 2,337 square feet. The hardship cited was the
unique historical appeal of the barn structure being an asset to
the City and would be a severe loss to the City if it was torn
down. Mr. Kerr seconded. Upon a voice vote, the motion was
defeated unanimously.
Since the appellant had not secured subdivision of the parcel, the
Board believed granting a percentage variance for a fictional lot
would be inappropriate. Mr. O'Neil made a motion to defer the
appeal until reviewed by the Planning Commission and that the fee
be waived for the second appeal or refunded if the appellant
wished not to return. Mr. Schepp seconded. Upon a roll call
vote, the motion to defer Appeal #13-95 passed unanimously.
APPEAL #14-95 - Mike Dudash, S78 W16775 Spinnaker Drive, Muskego,
WI. Chairman Pionek reminded the Board that the current location
of the lot was an error in the City's part. Discussion ensued
over how this hardship would be continuously transferred to any
future owners. Mr. O'Neil made a motion to approve the appeal as
submitted. The hardship cited was the pre-existing non -conforming
status of the lot through the City's error. Mr. O'Neil further
stated that the granting of this variance would not be contrary to
the public's interest, would be within the character of the area,
and would not effect the public's safety or welfare. Mr.
Schneicker seconded. Upon a roll call vote, Appeal #14-95 passed
unanimously.
APPEAL #15-95 - Donald and Kathy Ross, W216 S8790 Crowbar Drive,
Muskego, WI. Mr. Schepp made a motion to approve the appeal as
submitted. The hardship cited was the imposed rezoning making the
lot non -conforming. Mr. Schepp further stated that the granting
of this variance would not be contrary to the public's interest,
LAKE POINT ESTATES WEST
Declaration of Building Restrictions & Covenants
KNOW ALL PERSONS BY THESE PRESENTS, that the undersig ed, Michael .F.
Kaerek, officer of Kaerek Builders, Inc. and hereinafter known as 'THE `bEVELOPERS"
and being the owner of ropersyy known as Lake Point Estates West, being a subdivision of
all that part of the Sout3iwest (one -quarter (1/4) of Section TenMilty,, Township Five (5)
North, Xshange Twenty (20) East, in the City of Muskego, WaukeWisconsin.
1. GENERAL PURPOSE: The Purpose of this declaration is to insure the best use
and most appropriate eve opment andimprovementof each building site thereof; to
protect owners o building sites against such use of surrounding building sites as will detract
from the residential value of their property: to guard against the erection thereon of poorly
designed or proportioned structures; to obtain a harmonious use of material andcolor
schemes; to insure the highest and best residential development of said property; to en-
courage and secure the erection of attractive homes thereon with appropriate locations
thereof on building sites; to secure and maintain proper setbacks from streets and adequate
free spaces between structures; and in general to provided adequately for high type and
quality of improvement in said property,and thereby to preserve and enhance the value of
investments made by purchasers of building sites therein.
2. HOUSE DESIGN AND CONSTRUCTION TIME, OFFSETS, SETBACKS:
A. No lot shall be used for other than single family residential purposes. All struc-
tures shall be designed by a person experienced in residential design or a professional
engineer or architect. Only Traditional, Early American, French Provincial, English Tudor,
orWilliamsburg designs will be permitted by the developer in their architectural control.
Each home built within the development shall have the approval of the developer in writing
prior to the application of a building permit. All buildings shall be completed within the
allotted time set by the city of Muskego in its Ordinances, or within the period of one (1)
year from the start of construction, whichever period shall be shorter.
B. The size and heights of the building shall be as follows: No dwelling shall exceed
two and one-half (2 1/2) stories in height. The minimum building area exclusive of porches,
bays, patios, breeze -ways and similar additions shall not be less than the following schedule;
One story 1500 square feet.
One and one-half stories 1850 square feet, 1000 Fquare feet on then
the first floor.
Tri- level 1850 square feet, 1200 square feet of
living area on the two main living areas.
Two story 1900 square feet, 1000 square feet on the
first floor.
The above square footage minimum requirements reflect actual living area. Each
dwelling shall have a minimum of one and one-half (1 1/2) baths. All homes are required to
have an attached two car garage and be a minimum of 400 square feet. Tile garage must be
attached directly to the home or by breezeway. The maximum square footage of any
An
shall be no more than 900 square feet. All residences shall have full basements with
the exception of Tri-level or Bi-level homes.
C. The minimum set back is 40 feet abutting any street right-of-way. The side yard
offsets are 15 feet on one side, 20 feet on the other side.
D. All homes built within the development shall have exterior elevations made from
natural materials such as brick or cedar or high grade aluminum wood grain sidings. All
exterior finishes are subject to approval by the developers. There shall be no vinyl siding of
any kind allowed on any structure in the development.
6
RESOLUTION #P.C. 180-91
APPROVAL OF REVIEW OF ROAD LAYOUT OF PARKLAND DRIVE EXTENSION
WHEREAS, A site plan has been submitted by Stan Potrykus of
Metropolitan Engineering proposing an Extension of Parkland Drive
extending from the southern W.E.P.C.O right of way line easement
in the NW 1/4 of Section 15 and extending south to Woods Road, and
WHEREAS, This extension was required as part of the
development of the Lake Ridge Apartment site and the Lake Point
Estates West Subdivision, and
WHEREAS, The City Engineers have reviewed three alternatives
for the extension of this street, and
WHEREAS, This design generally conforms with Alternative 2 as
suggested by the City Engineers.
THEREFORE BE IT RESOLVED, That the Plan Commission approve the
alternative 2 design for the Extension of Parkland Drive in the NW
1/4 of Section 15.
Adopted ��!--/ 7!4
Defeated
Deferred
cds
9/12/91
V.
Plan Commission
City of Muskego
CITY OF MIJSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name M r G ►�9 E1- 0_U D/Is�-/
Subject Property address: $ $ �y1 SP1NnIAi1 /Z UR.
Telephone
.c Property Zoning: �" J --1 Key # t
Petitioner's relationship to property (circle applicable):
owner lessee other Por4�"p%lrIAL OwNE,C
Fees: $80.00
Date inspector denied permit:
Requesting variance to Section
To allow • A^1 20017101s, _ o„Iry F'�r,C 7/A►(- r"4a1;�,If . ►,/or_
fo,e "9^1V is,/VEd4 rMle-r we&,<<.Q AAC k€s.TtV
if . . n,i t.fTi IV67 l_4G4!� -
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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wA 1ri r' d ✓r rr�� aF }E ays�
f' / 7 w Ova/) 4. oOK pU7
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code
because:
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The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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Page 1 of 2
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