ZBA-Minutes 16-1990CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON JULY 26, 1990.
Vice Chairman Terry O'Neil called the meeting to order at
7:30 P.M.
PRESENT: - Vice Chairman Terry O'Neil, Lloyd Erno, Bonnie Posbrig
ana—D-fr--ector Gerald Lee.
ABSENT: - Chairman Gerald Fohr, Thomas Berken, Daryl Rowinski and
Donafd Pionek (but he was able to participate in voting).
MINUTES: - Mrs. Posbrig made a motion to adopt the Minutes of the
une , 1990 meeting and Mr. Erno seconded. Upon a voice vote
the motion passed unanimously.
APPEAL 16-90, ART DYER - Vice Chairman O'Neil stated
this appeal was deferred for 1 month. He read the appeal for
Arthur D. Dyer, W208 S8903 Hillendale Drive, requesting 20 foot
rear offset variance to construct a second garage structure in EA
toning. He asked Mr. Lee to explain EA zoning. Mr. Lee stated
HA is Exclusive Agricultural requiring a 30' offset variance.
Mr. Dyer wishes to construct this structure 10' from the lot
line. He needs a 20' variance to do so.
Vice Chairman O'Neil asked Mr. Dyer to explain his request and
hardship. Mr. Dyer said he has staked the area for the garage so
as not to interfere with his driveway and ponds. He said there
is a 60 acre corn field next door; he doesn't see any development
in the near future due to the lack of sewers, etc. Vice Chairman
O'Neil asked if there were any residents present? Mr. Kenneth
Purdy, W208 S8543 Hillendale Drive stated he is the neighbor to
the north and has concerns about the ponds, inaccurate sketches
submitted at the last meeting, number of unfinished buildings and
previous owners problems with the area.
Mr. Dyer responded that he has been very ill recently and is now
trying to finish obtaining the necessary permits from the
Building Inspection office. He had been told by the previous
owner that permits had been paid for and Mr. Lee told him they
had not. Just recently he has received the necessary sanitary
permit from Waukesha County, which will enable the Building
Inspection Department to issue a building permit.
Mr. Purdy questioned the type of zoning that permits two homes,
one barn with living quarters above and a shed? Mr. Dyer
responded that he intends to use the new shed to store horse
saddles, etc. (tack room), cars and tractor. He commented that
he has had to suffer hardships from the mistakes made by the
previous owner. He is suing the owner for several reasons.
Mr. Purdy said he wants a good neighbor and if this area is the
only place Mr. Dyer can put his shed, he doesn't object.
Pg. 2, Board of Appeals Minutes 7/26/90
Kra. Posbrig asked Mr. Dyer if the stakes he had out last month
were still in the same place? He stated they were. He plans to
install a new driveway. He stated there wouldn't be any living
quarters above the shed.
Mr. Lee asked Mr. Dyer if there was a spring to the east of the
property? Mr. Dyer responded there was and that was the reason
for not moving it further east.
Mr. Purdy said the previous owner and Mr. Dyer had wanted to buy
a 100' strip of land belonging to Mr. Purdy just north of where
this shed is to be built, but they couldn't come to terms.
Vice Chairman O'Neil told Mr. Dyer he could call the Building
Inspection office in the morning or wait for the response to be
mailed to him within five (5) days.
MUSKEGO MARINE'S REQUEST FOR ONE YEAR EXTENSION - Mr. Lee stated
at he had received correspondence (copies-alstributed to Board
members) from Duaine H. Langfeldt stating business is poor and he
requests another year to remove the shed. He intends to
asphalt. Vice -Chairman O'Neil asked Mr. Lee if they can act on
this request tonight? He responded that they could since it was
a matter of voting on overriding a decision not the zoning
code. Mr. Erno asked Mr. Lee if it is near the fence and whether
the Fire Department has a problem with the location? Mr. Lee
responded that he had not heard any complaints and sees no
problem with the location. Mrs. Posbrig made a motion to grant
an extension to remove the shed until June 1, 1991 and Mr. O'Neil
seconded. Upon a roll call vote the motion to grant the
extension passed unanimously.
The Board remained in Open Session.
APPEAL 16-90 DYER - There was some discussion
concerning the location _oT the house, water and future
development in the area nearby. Mr. Erno made a motion to grant
the appeal as requested. The hardship being the location of the
existing ponds, driveway and house. Mrs. Posbrig seconded. Upon
a roll call vote the motion to adopt passed unanimously.
ADJOURNMENT:
Mrs. Posbrig made a motion to adjourn at 8:05 P.M. and Mr. Erno
seconded. Upon a voice vote the motion to adjourn passed
unanimously.
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
/cs
Ju.Ly 31, 1990
Ain. AAthuA D. Dyen
W208 S8903 HiLeendate Dtive
Muskego, Wisconsin 53150
DeaA Aft. Dyers:
The Board of Appeals wishes to advise you that your request for
a 20 Aoot teat oAAset yand.ance to cons-ttuct a Aor•0Pd gaAagO
s.tAuctune at W208 S8903 Hittendate Dtive, luskepo, WI
has been gAavt.ted as Aeques,ted.
'"hank vou.
Sincerely,
BOARD OF APPEALS
Cheryl Schmidt
Recording Secretary
cds
cc: Chak.nman Genatd FohA
Pt, 2, Board of Appeals Minutes 6/28/90
intentions and hardship. Mr. Marsh stated that he needs this
structure or he'll need to construct another shed. He has a 20'
x 22' detached �arage on the property now, which he would tear
down. He doesn t want his shed and will tear that down also. He
would rather have an attached garage. There was some discussion
about moving the driveway to the garage 13' off the lot line.
Mr. Marsh was in agreement with that suggestion. His hardship is
the location of the house. Mr. Earl Beilfuss, a neighbor of S75
W21015 Field Dr�ve was present and stated he had no objection to
the structure.,;rChairman Fohr told Mr. Marsh he could call the
Building Inspection office in the morning or wait for the
decision to be mailed to him within five days. /
APPEAL 16-90 - ARTHUR D. DYER - Chairman Fohr read the
appeal for Mr. Dyer, W208 S8903 Hi endale Drive requesting 20'
rear offset variance to construct a second garage structure.
Chairman Fohr said that he knew there was a family emergency at
the Dyer household, so the fact that Mr. Dyer wasn't present
would indicate he wasn't coming. Mr. Fohr made a motion to defer
to the next BOA meeting in July. Mr. O'Neil seconded. Upon a
voice vote the motion to defer passed unanimously.
APPEAL 17-90 - ROBERT k PAMELA ZALAR - Chairman Fohr read
the appeal or Mr. Mrs. Zalar, W170 S7 Meadow Drive
requesting a 16' setback variance to construct a new residence
with an attached garage. Chairman Fohr requested Mr. Lee explain
what the RS-2 zoning involves. Mr. Lee said the zoning is for
single family residential and this lot was attached to the lot to
the north. They are requesting access off Meadow Drive for their
driveway. Their required 40' setback is from Briargate Lane.
Chairman Fohr asked Mr. Zalar to state his intentions and
hardship. Mr. Zalar said he never realized he need 40' off the
other street -- his surveyor brought this to his attention. He
mailed a letter from two nearby property owners, Mr. Norman A.
Heikkinen, W170 S7280 Meadow Drive and the Gregg Erickson's, W170
S7281 Meadow Drive, who stated they have no objections to the 16'
setback variance request for this lot and would be an asset to
the subdivision. This letter was mailed to the Board members
with their meeting packets. Mr. Heikkinen was present and again
expressed his support for the variance. Mr. Zalar said his
hardship was the type of house he wishes to construct on the lot
and the aesthetics for the front of the house off Meadow Drive.
Chairman Fohr informed Mr. Zalar he could call the Building
Inspection office in the morning or wait for the decision to be
mailed to him within five days.
APPEAL 18-90 - ROBERT ROSS - Chairman Fohr read the appeal
for Robert Ross, S71 W19998 Williams Drive requesting a 10'
offset variance (north property line) to construct a detached
garage, Chairman Fohr told the members that Mr. Lee had already
given them the zoning information for RS-2. He asked Mr. Ross to
tell the members his intentions and hardship for this appeal.
Pg. 4, BOA, 6/28/90
APPEAL 15-90-DYER-Chairman Fohr made a motion to postpone
(defer) this appeal or 1 month and to send a letter to the
applicant asking him to clarify this is the house on the sketch
for the appeal. Mr. O'Neil seconded. Upon a voice vote the
motion to defer passed unanimously.
APPEAL 17-90-ZALAR-After some discussion Mr. Berken made a
motion to approve the appeal as submitted. The hardship being
the configuration of the lot as a result of the dedication of
additional road bed. Mr. O'Neil seconded. Upon a roll call vote
the motion to adopt passed unanimously.
APPEAL 18-90-ROSS-Chairman Fohr said the swale should not
be interrupted. He needs to build the garage away from the
Swale. He has a dry lot. Mr. O'Neil made a motion to deny the
appeal as submitted but approve a 5' offset variance to construct
a detached garage. The hardship being the grade of the land to
insure proper run-off of surface water. Mrs. Posbrig seconded.
Upon a roll call vote the motion to adopt passed unanimously.
APPEAL 19-90-MICHLIG-After some discussion Mr. Berken made
a motion to approve the appeal as submitted. The hardship being
tho house would be the best architectural fit and compatible to
homes in the neighborhood. Mr. O'Neil seconded. Upon a roll
call vote the motion to adopt passed unanimously.
ADJOURNMENT:
Mr. Berken made a motion to
Mr. O'Neil seconded. Upon
passed unanimously.
/cs
adjourn the meeting at 9:30 P.M. and
a voice vote the motion to adjourn
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
Arthur D. Dyer
4208 S8903 Hillendale Drive
Muskego, WTI
June 11, 1990
To: City of Muskego, Board of Appeals
I respectfully request that the 30 foot set -back for garages be changed to a
10 foot set -back on my property located at W-208 S8903 Hillendale Drive.
`.Lhe reason for the request is because the physical layout of the property
(per the attached survey), does not have roan for a garage within the noranal
30 foot set -back without placing it in the middle of the access driveway.
The north boundary where I mould like the garage is next to a tree line whicn
would cover the view of the garage. As well, tee land to the north is agricultural
acreage and as such shouldn't be a probl—an as far as encroac!vTent.
Thank you for your ti:-ne and consideration in this matter.
Respectfully submitted,
0� J- I
Arthur D. Dyer
ADD:bjd
P-2024
$7.95
* Designed to fit the contemporary home
* 300 sq. ft of loft area with a sloped
roof running from a 4'high wall at
the rear to a 91,z' wall at its front.
iE
.... ........
: ......... 0"'____'
N P S NATIONAL PLAN SERVICE
Design No. P-2024
PGA
9
11 L
LA, I
I LAA4.
Plan carneg complete with:
• Large, professional easy -to
follow blueprints
• Complete list of materials
• Dimensional drawing of
every detail
• Rafter cutting template
o ' 8 1 971 020-24" 1 6
PRNTED IN USA
f
a a
got i a •
s< m•_
a
ll� �
i
s
c
<
n
m
n
g
u
a
0 mrn
r n
f
x
3
m
0
I
a
Z
u
>
e
,
�
a�
0 m�
OI �
01-22-a0 w
2677.05�
A
c -0 !
a0oa r -
F9� 1Y
^ 9 O
C � w R
o�
r rr
� O
•' m
/ m < V
N
\`� ♦ / 'A to n
i
a
i
St>• ?
C N� O
a On.O
smo°• a
r r mo
V o V -
- n m
o
an, 7A