Zoning Board of Appeals 15-2007Appeal #15-97
William R. and Pamela Lehmann
W 183 S6453 Jewel Crest Drive
Muskego_ WI 53150
REQUESTING: Under the direction of Section 3.08 (I) Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location, Said regulation requires a 55 foot setback
from Topaz Drive. Petitioner seeks a 21 foot variance to build an accessory structure 34 feet from the centerline of
Topaz Drive.
2. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback
from Jewel Crest Drive. Petitioner seeks a 29 foot variance to build an accessory structure 26 feet from the
centerline of Jewel Crest Drive.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay
DECISION OF THE BOARD OF APPEALS
Motion to accept appeals number 1 and 2 as submitted, hardship cited was the pre-existing shape
of the non -conforming lot.
Denied
Chairman O'Neil
i
Vice Chairman Brandt
Member Herda
r�
Member Schepp
Member Schneiker
Member Schuester (1" Alt.)
Member Ross (2"° Alt.)
Denied
Denied
Denied
Denied
Absent
No vote due to quorum
jariesvii--, --A- � � i— • 1
variance to build a primary structure 30 feet from the
Road right-of-way.
Mr. Brandt administered an oath to Mr. Dave Stubs of Keller
Structures. Mr. Stubs explained the hardship is a safety issue,
requesting not to have cross access in front of building. County
denied access to Janesville Road.
Appeal #15-97 William R. and Pamela Lehmann, W183 S6453 Jewel
Crest Drive, REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances: 1.
Chapter 17--Zonin Ordinance: Section 5.02 (1) Building Location.
Said regulation requires a 55 foot setback from Topaz Drive.
Petitioner seeks a 21 foot variance to build an accessory
structure 34 feet from the centerline of Topaz Drive. 2. Chapter
17--ZoningOrdinance: Section 5.02 (1) Building Location. Said
regulation requires a 55 foot setback from Jewel Crest Drive.
Petitioner seeks a 29 foot variance to build an accessory
structure 26 feet from the centerline of Jewel Crest Drive.
Mr. Brandt administered an oath to Mr. and MRs. Lehmann. Mr.
Lehmann stated he would tear down existing garage and shed. They
are not able to attach garage because the current breezeway does
not have footings under it. If they were to turn it around, it
would not cosmetically look good with house.
Mr. Trejo stated staff has concerns regarding the ultimate road
right-of-way and vision corner. They could build a 18' x 12'
garage. Public works and the police department have concerns
regarding the closeness to the street.
Appeal #16-97 Harold Swanto III, S76 W18234 Janesville Road
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1. Chapter
17--ZoningOrdinance: Section 4.06 (2) A.2 Legal Nonconformity:
Classification and Regulation. Said regulation restricts
structural alterations and repairs of a nonconforming structure
to 50% of its fair market value before having to be brought
addition ando legal $20,000cdollarirenovationitoea $64�,900nstructure•
adds
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore
Overlay.
Mr. Brandt administered an oath to both Mr. Harold Swanto III and
Mr. Harold Swanto, Jr.
Mr. Swanto III stated he needs to remodel this property to make
it handicap accessible, it has a small basement and crawl space.
The question was asked why not just rebuild. Mr. Swanto III
stated he could not do so because of the Floodplain Ordinance.
Mr. Swanto III stated his hardship is a disability his fiance has
_- hound.
Appeal #10-97 Mr. James Ross did not participate on the
discussion nor the vote. Mr. Dan Schepp made a motion to deny
the first appeal due to lack of hardship and to approve the
second appeal, height, due to the fact that entry level is an
interpretation. Mr. Mike Brandt seconded. Upon roll call vote
the motion passed 5-0.
Appeal #11-97 Mr. James Ross did not participate on the
discussion nor the vote. Mr. Dan Schepp made a motion to grant
variance to 60% rule and motion to approve appellant's
administrative decision regarding zoning Mr. Mike Brandt
seconded, upon roll call vote, motion passed 4-1, with Mr. Herda
voting nay.
Appeal #12-97 Mr. Dan Schepp made the motion to deny variance
due to the fact it is vacant land and the request is
self-imposed. The Board feels they should uphold the Fire
Department's stand on this issue. Mr. Ed Herda seconded. Upon
roll call vote, motion to deny was passed 3-2. Mr. O'Neil and
Mr. Schneiker voting to grant the variance. Mr. James Ross's
vote was not called, due to the fact there was a quorum.
Appeal #14-97 Mr. Dan Schepp made a motion to grant a variance
as submitted due to safety and circumvent liability with having
the access in the back. Mr. Henry Schneiker seconded. Upon roll
call vote, motion passed 4-1, with Mr. Herda voting nay. Mr.
James Ross's vote was not called, due to the fact there was a
quorum.
Appeal #15-97 Mr. Ed Herda made a motion to accept the first
portion #1 as submitted, hardship being pre-existng shape of the
nonconforming lot. Mr. Mike Brandt seconded. Upon roll call
vote, motion was denied 5-0. Mr. James Ross's vote was not
called, due to the fact there was a quorum.
Mr. Ed Herda made a motion to accept the appeal #2 as submitted,
hardship being preexisting shape of the nonconforming lot. Mr.
Mike Brandt seconded, upon roll call vote, motion was denied 5-0.
Mr. James Ross's vote was not called, due to the fact there was a
quorum.
Appeal #16-97 Mr. Ed Herda made the motion to accept as
submitted. Mr. James Ross seconded. Hardship being handicap
accessibility. Upon roll call vote, motion denied.
Mr. James Ross made a motion to request to have appellant return
to the Board of Appeals within 60 days with appropriate
information regarding FloodPlain map. Mr. Henry Schneiker
seconded, upon roll call vote, motion carried.
MISCELLANEOUS BUSINESS
Page 3
REQUESTING: Under the direction of Section 3,08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 40 foot
setback from the Janesville Road right-of-way. Petitioner seeks a 10 foot setback variance to build a
primary structure 30 feet from the Janesville Road right -of --way.
Appeal #15-97
William R. and Pamela Lehmann
W 193 S6453 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2)
variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot
setback from Topaz Drive. Petitioner seeks a 21 foot variance to build an accessory structure 34 feet from
the centerline of Topaz Drive.
2. Chapter 17--ZoningOrdinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot
setback from Jewel Crest Drive. Petitioner seeks a 29 foot variance to build an accessory structure 26 feet
from the centerline of Jewel Crest Drive.
Appeal #16-97
Harold Swanto III
S76 W 18234 Janesville Road
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
1. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.2 Legal Nonconforn ity: Classification and
Regulation. Said regulation restricts structural alterations and repairs of a non -conforming
structure to 50% of its fair market value before having to be brought entirely into legal conformity.
Petitioner seeks an $80,000 addition and $20,000 dollar renovation to a $64,900 structure.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore 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
deliberating concerning cases which were the subject of a quasi-judicial hearing; said cases being the above listed
appeals.
CITY OF MUSKEGO
BOARD OF APPEALS
AuDlication for Variance
Applicants Name I �- avv�c�� L�-4�v-v--1,
Subject Property Address:
Te 1 ephone 6 '7 4 ` 15_946
Property Zoning
Key #
Petitioner's relationship to property (circle applicable):
oo wnelessee other
Fees: $195.00
Date inspector denied permit:
Requesting variance to Section
To allow:
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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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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