Zoning Board of Appeals 15-1999December 20, 1999
Mr. and Mrs. Howard Helmle
W180 S6845 Muskego Drive
Muskego, WI 53150
RE: Appeal #15-99
Dear Mr. and Mrs. Helmle:
Please be informed that your appeal from Chapter 17, Section 5.02 Building
Location has been deliberated by the Zoning Board of Appeals. Your appeal
requested a 6 foot setback variance to permit a 34' setback from the island
Drive right-of-way for the construction of a detached garage. The Ordinance
requires a 40' front setback.
This appeal has been approved and the following hardship cited: pre-
existing lot conditions.
In addition, please be advised building and zoning permits are required.
Please contact Dustin Wolff, Assistant Plan Director, in the Planning
Department at 679-4136, with any questions regarding this issue.
Sincerely,
Susan J. S roeder
Recording Secretary
C: Mayor DeAngelis
Appeal #15-99
Petitioner: Howard and lean Helmle
Residence: W180 S6845 Muskego Drive
Muskego, Wl 53150
Location of Appeal: Same
Tax Key No. 2174.912
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Chapter 17—Zoning Ordinance: Section 5.02 Building Location: No building shall hereafter be erected,
structurally altered, or relocated so that it is closer to any lot line than the offset distance hereinafter
specified by the regulations for the district in which it is located.
Petitioner seeks a 6' setback variance to permit a 34' setback to reconstruct a detached garage. The Ordinance
requires a 40' front setback for all structures.
Zoned: Rs-3/OED, Suburban Residence District as modified by the Existing Development Overlay.
DECISION OF THE BOARD OF APPEALS
Motion was approved.
absent
Chairman Schepp
approved
Vice Chairman
absent
Member Conley
approved
Member O'Neil
approved
Brandt
approved
Member Wiken (1" Alternate)
approved
Member Blumenfeld (2— Alternate)
BOARD OF APPEALS MINUTES UNAPPROVED
CITY OF MUSKEGO DECEMBER 9,19"
Meeting was called to order at 7:01 P.M. In the absence of Chairman Schepp, Vice Chairman Schneiker chaired
the meeting.
PRESENT: Vice Chairman Schneiker, Terry O'Neil. Mike Brandt. Chris Wiken. Barbara Blumenfield
and Assistant Planner Dustin Wolff.
ABSENT: Excused absent were Dan Schepp and David Conley.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on November 24. 1999, in
accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OCTOBER 28, 1999 MEETING: Mr. Brandt made the motion to
approve the minutes as submitted. Mr. Schneiker seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the October 28, 1999 meeting.
NEW BUSINESS: Appeal #15-99, Petitioner: Howard and Jean Helmle, Residence: W180 S6845 Muskego
Drive, Muskego, WI Tax Key No. 2174.912, REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17 Zonin
Ordinance: Section 5.02 Building Location: No building shall hereafter be erected, structurally altered, or
relocated so that it is closer to any lot line than the offset distance hereinafter specified by the regulations for the
district in which it is located. Petitioner seeks a 6' setback variance to permit a 34' setback to reconstruct a
detached garage. The Ordinance requires a 40' front setback for all structures.
Zoned: Rs-310ED, Suburban Residence District as modified by the Existing Development Overlay.
Mr. Brandt administered an oath to Howard and Jean Helmle. Mr. Helmle stated on October 18, 1999, a fire
damaged the roof and back wall of his two car garage. Two car garage was built in 1968 and recently a deck was
built between pool and the garage. When the contractor obtained the permits he was not informed a variance was
required. Only one wall and the roof had to be replaced.
Assistant Planner Mr. Wolff stated when originally built, the centerline of the roadway was incorrectly used for
measuring the setback from and not the ultimate right-of-way. As a result, this structure has non -conforming
status. During the review process for the permits it was discovered that a variance would be required and the
applicant was then notified. The contractor commenced work without valid permits from the Building
Department.
The City's position is favorable for this variance. The preexisting conditions of the property and the garage have
resulted in the need for a variance to reconstruct the garage anywhere on the lot. As such, granting this variance
will permit the garage to enjoy legal conforming status in the event a similar situation arises in the future.
Dr. Barbara Blumenfield made a motion to approve variance as submitted, hardship being pre-existing conditions.
Mr. O'Neil seconded. Upon roll call vote, motion carried. 5-0
ADJOURNMENT: With no further business to come before this board, Dr. Blumenfield made a motion to
adjourn at 7:20 p.m., Mr. Wiken seconded, motion carried.
BOA 12/09/99
Page 2
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
BOARD OF APPEALS AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
DECEMBER 9, 1999 BOARD OF APPEALS MEETING:
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing will be
held in the Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday,
December 9, 1999, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego:
~ 1. CALL TO ORDER
2. ROLL CALL
`3. STATEMENT OF PUBLIC NOTICE
4, APPROVAL OF MINUTES OF THE SEPTEMBER 30, 1999 MEETING.
5. OLD BUSINESS
• Signing of decision letters for the October 28, 1999 meeting.
6. NEW BUSINESS
Appeal #15-99
Petitioner: Howard and Jean Helmle
Residence: W 180 S6845 Muskego Drive
Muskego, WI 53150
Location of Appeal: Same
Tax Key No. 2174.912
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Chapter 17—Zonin Ordinance: Section 5.02 Building Location: No building shall hereafter be erected,
structurally altered, or relocated so that it is closer to any lot line than the offset distance hereinafter
specified by the regulations for the district in which it is located.
Petitioner seeks a 6' setback variance to permit a 34' setback to reconstruct a detached garage. The Ordinance
requires a 40' front setback for all structures.
Zoned: Rs-31OED, Suburban Residence District as modified by the Existing Development Overlay.
7. MISCELLANEOUS BUSINESS.
None
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may 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
BOA 12/09/99
Page 2
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
Dan Schepp, Chairman
Dated this 24`' day of November, 1999
NOTICE
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 TO GATHER
INFORMATION, NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETLNG OTHER 111AN THE -GOVERNMENTAL GBODY SFECIFIC:ALLY REFERRED TO ABOVE IN THIS NOTICE.
NOTICE
"Please note that, 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 Jean Marends at City Hal!, W182
S8200 Racine Avenue, (414) 679-5625."
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicant's Name Howard & Jean Helmle
Subject Property Address W180 S6845 Muskego Drive, Muskego, Wisconsin 53150
Telephone 679-1376
Property Zoning. J1.5 - 3 OA Tax Key #
Petitioner's relationship to property (circle applicable):
owner lessee other
Fee: $197.00
Date inspector denied zoning permit:
Requesting variance to Code Section -5 o
Toallow: a two car garage to be repaired because of fire
damage. Garage needs roof and back wall replaced and
complete painting.
A literal enforcement of the terms of the above -referenced section would result in practical
difficulty and unnecessary hardship because:
we wouldn't have protective storage f6r cars, snowmobiles,
tools, lawnmower, etc. which we have had for 22 years.
The west wall of the garage also abutts a pool deck and
serves as a secure wall for the deck and pool.
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because:
it is just a detached, 2 car garage approximately 34'
from the property line.
The variance, if granted, will not adversely affect public safety or jeopardize public welfare
because:
the garage is well off the road to the back of our
property.
TO: CITY OF MUSKEGO ZONING BOARD OF APPEALS 11-19-99
We the undersigned do not have a problem with
the Helmle garage being rebuilt due to fire damage.
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