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ZBA-Minutes 16-1991CITY OF MUSKEGO BOARD OF APPEALS DATE NAME OWN N r / ADDRESS �%� '60731J ZJEIVEL ChUe-j TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS SUBDIVISION ►2.(CL)o t4.4lil i2- LOBLOCK �-- TYPE OF ZONING IZ5 z VARIANCE REQUESTED: A IZ aF,cSET VA&t4►41cc REASON FOR VARIANCE REQUEST: Tp �,�57-,.��,�-� A, 6A4A6C 13EDaoaA( Ar miTtdN) $35.00-- FEE TO BE PAID AT TIME OF APPLICATION: DATE E PAID Z?j RECEIPT NO. DECTSTnN OF THE RnARD OF APPFAT_S CHAIR: VICE-C MEMBEF MEMBEF MEMBER FI RST SECOND CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING ON JUNE 27, 1991. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Fohr, Vice -Chairman Terry O'Neil, Thomas Berken, Lloyd Erno, Donald Pionek, Bonnie Posbrig, Darryl Rowinski and Director Chuck Dykstra. ABSENT: No one. MINUTES: Chairman Fohr requested that a correction be made to the minutes of the meeting held on May 23, 1991. The correction being on Page 2 in Appeal 12-91 correcting the name of the Chairman as indicated from "Salentine" to "Fohr." Mr. Rowinski made a motion to approve the minutes of the May 23, 1991 meeting and Mr. Erno seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 14-91- Boehm Construction, S81 W17656 Haven Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Boehm Construction requesting an appeal of the decision by the building department director to assess double permit fees. Zoning: RS-2/OPD. Director Dykstra stated that the address was for a home under construction by Boehm Construction which was previously granted an "earlv start" uermit by Gerald Lee on March 14, 1991. The early start permit allows for and foundation only. Construction the building permit is obtained. not until the 26th of April that B applied for the building permit. that on May 17 he discovered that the construction process than the roof was already on the structure found that the building permit had Boehm Construction. On that same fact and informed Mrs. Boehm that permit fees as provided for by the work without obtaining a building Boehm appeared before the Board. Construction was not aware of the assessment of double fees. She al different occasions, she had gone inquired about the permit for this that the permit could not be locat matter. Boehm Construction believ excessive. Mr. Boehm stated that permit, he believes that the Build realized that he would eventually building permit. He also stated t and believes that the penalty was out building permits at all. The :he construction of the footings must cease at that point until Ir. Dykstra noted that it was )ehm Construction came in and Ir. Dykstra informed the Board :he house was further along in ?arly start permit allowed. The ind, in checking further he not been issued and paid for by iay, he notified them of this :hey would be assessed double city ordinance for commencing )ermit. Gregory Boehm and Pam ?am stated that Boehm )rdinance which allowed the so told the Board that on two :o the Building Department and house. Both times she stated �d. She did not pursue the :s the $246 double permit fee is since they had the early start Lng Department should have )e coming in to take out the ie double permit fee is unfair neant for people who do not take fact that they were given the Minutes of Board of Appeals June 27, 1991 Meeting Page 2 early start permit and applied for the building permit should have been good enough. Mr. Dykstra again addressed the Board in response to the Boehms' statements. He informed the members that as director of the building department he no longer issues "early start" permits. Mr. Dykstra stated that when Mr. Boehm applied for the early start permit for this particular house, he did not submit plans, surveys, or the building permit application itself. This was not done until a month and six days later when Pam actually applied for the permit on the 26th of April. He believes that during that time, the Boehms forgot that they only had obtained an early start permit and came in and applied after having gone further than permitted with the construction of this house. Mr. Dykstra stated that it is too difficult for his department to keep track of early start permits that were issued in the past and assume that all of these will be followed through by the contractors. He stated that application for the permit in itself does not grant the applicant permission to construct anything. It must be paid for and in this case was not done so until after Boehm Construction was contacted on May 17. APPEAL 15-91- Richard Elliott, S76 W17871 Janesville Road, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Elliott appealing the Plan Commission decision granting expansion and amendment of the Conditional Use Grant to Jack and Marvin Strasser (Johnny's Petroleum). ZONING: B-3. Chairman Fohr called upon Director Dykstra for information on this appeal. Mr. Dykstra stated that the B-3 zoning allows for a business use of the property and the Plan Commission had granted expansion of the conditional use of same. Mr. Dykstra stated that the Plan Commission in granting the expansion placed numerous conditions on Johnny's Petroleum. These conditions will have to be met. Mr. Elliott, the spokesperson for the Kristen Down Homeowners Assn., appeared before the Board. He stated that the association is appealing the decision made by the Plan Commission for various reasons: 1.) The association and/or subdivision was not notified by the city regarding the sale of the three lots that the Strassers are now proposing to buy. He feels that the association was not given enough information to properly prepare for the Public Hearing and Plan Commission meeting. 2.) This expansion will increase the noise and air pollution for the area, having a negative effect on the Kristen Down Subdivision and its residents. 3.) There is not adequate screening. 4.) The conditions imposed on Johnny's will be difficult to enforce. Who will do the enforcing? 5.) At the present time, the Strassers are encroaching on sub- division property. 6.) The association feels that the Plan Commission did not discuss this matter thoroughly enough nor did they take all aspects into consideration when granting the expansion of the conditional use to Johnny's. They are asking the Board to appeal the Plan Commission decision. Minutes of Board of Appeals June 27, 1991 Meeting Page 3 Mr. Gene Kovacs, Director of the Department of Planning and Development, was asked to comment on the matter since he sits on the Plan Commission as an advisor. Mr. Kovacs stated that he did not feel that the Plan Commission made a decision to allow the expansion without listening to all concerned parties who requested to be heard at both the Public Hearing and the Plan Commission meeting. He said that there was much discussion about the effect this expansion would have on the area and that was the reason that the conditions were placed on Johnny's. Mr. Kovacs stated that all notifications that were required to be made by ordinance were properly done. Mr. Kovacs stated that the subdivision came about after the first original conditional use grant was approved. He also stated that the property and the three lots to be purchased were zoned B-3 even prior to that. Mr. Kovacs informed the Board that the three lots have been used by the city in the past to park city -owned vehicles, vehicles towed by the police department and the storage of sand during the wintertime. Mr. Kovacs stated that an agreement was just that day reached between the Strassers and the Kristin Down Homeowners Assn. regarding the barrier between the two properties. The following residents spoke against the expansion: Jerry Schaefer, Philip Kiedrowski, Mike Kujawski, Mary Lou Elliott, Adam Dyndul. They reiterated many of the concerns stated by Mr. Elliott. The residents believe that the Industrial Park is the proper location for truck parking. Mr. Jack Strasser was given an opportunity to respond. He stated that his business is not a trucking terminal. He believes that the appearance of his site cannot be too bad with the construction of the Bay Breeze Condominiums, etc. being done across the street. Mr. Strasser stated that occasionally there may be trucks that leave earlier or arrive later than the specified hours. Mr. Kujawski asked how this can be controlled by Mr. Strasser without a guarded gate being installed. Mr. Kovacs stated that the Strassers are the ones responsible for their property and the hours of operation. He also said that if numerous complaints were received by his department, this could be taken back to the Planning Commission and the expansion be reviewed. Gene assured the residents that complaints will be heard and the conditions will be enforced. APPEAL 16-91- Kevin Keller, S70 W17373 Jewel Crest, Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 12' offset variance to construct a garage and bedroom addition. ZONING: RS-2. Mrs. Keller appeared before the board. She stated that they now have a two -car garage which is not large enough. She has a second car and boat that must be parked outside. There was concern about the swale being affected. Mr. Dykstra stated that he will review this matter when the Kellers bring in the plans to obtain a building permit. APPEAL 17-91- Bruce Ashbaugh, S67 W20949 Tans Drive, Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 2,734 square foot size variance to construct a storage barn with enclosed riding arena. ZONING: RCE. Mr. Dykstra explained the RCE zoning and how the size variance requested was figured. Minutes of Board of Appeals June 27, 1991 Meeting Page 4 Mr. Ashbaugh appeared before the Board and stated they want the enclosed arena so their horses (3 total) can be worked all year round. Mrs. Ashbaugh stated that she needs more room for the type of riding she does. The structure will be sided, with the house being resided in the future to match. APPEAL 18-91- John Hojnacki, W132 56826 Fennimore Lane, Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 3' 4" offset variance from the south lot line to add additional garage space. ZONING: RS-2. Mr. Hojnacki appeared before the Board stating he has a hobby of collecting cars. The additional cars are constricting his driveway. He intends to blend the addition in with the rest of the house. His neighbors have no objections. It was noted that the deed restrictions for the Hale Park Meadows Subdivision allow a 10' side offset. Mr. Hojnacki's plans must be approved by the Architectural Control Committee and/or Homeowner's Association. The Board adjourned into Closed Session. APPEAL 14-91- Bcahm Construction, S81 W17656 Haven Drive. Discussion took place. The Board did not believe a hardship existed. Mr. Rowinski made a motion to deny the appeal and Mr. Berken seconded. Upon a roll call vote, the motion to deny the appeal passed unanimously. APPEAL 15-91- Richard Elliott, S76 W17871 Janesville Road. Discussion took place. Mr. O'Neil made a motion that the appeal be denied. Chairman Fohr seconded. Upon a roll call vote, the motion to deny the appeal passed with Mr. Rowinski and Mr. Pionek abstaining. APPEAL 16-91- Kevin Keller, S70 W17373 Jewel Court. Chairman Fohr made a motion to grant the 12' offset variance. Mr. Rowinski seconded. The hardship being the shape of the lot. Upon a roll call vote, the motion to grant the variance passed unanimously. APPEAL 17-91- Bruce Ashbaugh, S67 W20949 Tans Drive. Mr. Pionek made a motion to grant the 2,734 square foot size variance. Mr. O'Neil seconded. The hardship being the topography of the land and the fact that he has animals to shelter. Mr. Kovacs recommended that the appellants be required to record a statement to the deed confirming that the RCE Zoning would not permit commercial use of the property. The Planning and Development and/or Building Inspection Departments are to aid Mr. Ashbaugh. He must do this prior to the issuance of a building permit for the structure. Upon a roll call vote, the motion to grant the variance passed unanimously. APPEAL 18-91- John Hojnacki, W132 S6826 Fennimore Lane. Mr. O'Neil made a motion to grant the 3' 4" offset variance. Mrs. Posbrig seconded. The hardship being the lack of space to store Minutes of Board of Appeals June 27, 1991 Meeting Page 5 the appellant's personal property. Upon a roll call vote, the motion to grant the variance passed unanimously. DISCUSSION: Muskego Marine- The Board directed Chuck Dykstra to follow up on the removal of the shed as previously determined by the Board. Irish Spring House- Mr. Dykstra and Mr. Kovacs informed the Board of the status of the asphalting on this property. A 20' strip was to be asphalted and to this date, only a 12' 6" strip has been done. Letters were sent to Mr. Boyce with no response. Mr. Kovacs did state that Mr. Boyce contacted him by phone that day. The Board directed Mr. Dykstra to do what was needed to attain compliance. Mrs. Posbrig made a motion to adjourn and Chairman Fohr seconded. Upon a voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 11:15 P.M. Respectfully submitted, 1 Jill Blenski Recording Secretary jmb 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, June 27, 1991 to consider the following appeals: Appeal 14-91 BOEHM CONSTRUCTION S81 W17656 Haven Drive Muskego, WI 53150 Appealing a decision by building department director regarding double permit fees. ZONING: RS-2/OPD Appeal 15-91 RICHARD ELLIOT S76 W17871 Janesville Road Muskego, WI 53150 Appealing Plan Commission decision granting expansion and amendment of the Conditional Use Grant (Grant No. 15) ZONING: B-3 Appeal 16-91 KEVIN KELLER S70 W17373 Jewel Court Muskego, WI 53150 Requesting a 12' offset variance to construct a garage and bedroom addition. ZONING: RS-2 Appeal 17-91 BRUCE ASHBAUGH S67 W20949 Tans Drive Muskego, WI 53150 Requesting a 2,734 square foot size variance to construct a storage barn with enclosed riding arena. ZONING: RCE Appeal 18-91 JOHN HOJNACKI W132 56826 Fennimore Lane Muskego, WI 53150 Requesting a 3' 4" offset variance from the south lot line to add additional garage space. ZONING: RS-2 Miscellaneous Discussion: 1. Irish Spring House Followup 2. Removal of shed - Muskego Marine. 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 Dated this 12th day of June, 1991