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Zoning Board of Appeals 16-1994Ditto oq w1uit" 0 W182 S8200 RACINE AVENUE • 80X 903 • MUSKECQ, WI 531 50-0903 • (414) 679-4110 June 28, 1994 BUILDING INSPECTION DEPARTMENT Mr. Paul Conrardy 3340 n. Oakland Avenue Milwaukee, WI 53211 RE: W156 S7977 Audrey Court, Muskego, Wisconsin Dear Mr. Conrardy: The Board of Appeals wished to advise you that your request for the following variance has been denied due to lack of hardship: Requesting a variance from Section 17:2.02(6) which requires a principal building be placed on a lot prior to allowing any accessory structures. To allow the construction of a storage shed 10 foot by 12 foot by 9 foot, prior to the construction of a home on this site. Sincerely, S'__ �N'6 '� &..-, d__ Susan J. Schroeder Recording Secretary Lily a/ Jine AjidenfiaC, JFnaluitrial and Ieecreaiional - acil u,j CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JUNE 23, 1994. Chairman Donald Pionek called the meeting to order at 7:30 P.M. PRESENT: Chairman Don Pionek, Mr. Terry O'Neil, Mr. Gerald Fohr, Mr. Dave Warhanek, Mr. Henry Schneiker, Mr. Dan Schepp and Mr. Matt Sadowski. ABSENT: Mr. Darryl Rowinski. MINUTES: Mr. O'Neil made the motion to approve the May minutes with the correction of noting Mr. Rowinski absent. Mr. Schepp seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously as amended. APPEAL 16-94 - Paul Conrardy, W156 57977 Audrey Court, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. Conrardy requesting a variance from Section 17:2.02(6) which requires a principal building be placed on a lot prior to allowing any accessory structure. Mr. Sadowski explained the status of Mr. Conrardy property. It is a single family residential district, currently there is not a home on this property. Mr. O'Neil administered the oath to Mr. Conrardy, Mr. Steve Oschman and Mr. Morrie Steiner. Mr. Conrardy stated he purchased this property two years ago on a land contract, he intends to build on this property Spring of 195. Since he purchased this property an existing structure and a pole barn have been removed, both were an eyesore. Now, Mr. Conrardy needs a place to store his riding lawn mower, rakes, shovels and various other tools. He is concerned if left out there would be vandalism or some child may be harmed. He intends to construct a 10' x 12' shed. Mr. Steve Oschman owner of the Aud Mar Supper Club spoke against this proposed structure. He would see it out his window, as well as seeing the portapot that is currently on the property. Mr. Oschman requested the shed be moved back 30 feet from where Mr. Conrardy proposed it be placed. Mr. Morrie Steiner stated he has no problem with the shed being erected prior to the house being built. Mr. Fohr stated the scope of the ordinance the purpose of disallowing the building of a garage prior to building the house is people would live out of the garage, use them for vacations. Mr. Warhanek questioned the legality of having a portapot on the property, and the possibility of this shed being used as a changing room. APPEAL #17-94 - MSI Development Corporation, Corner of Janesville Road and Racine Avenue, Muskego, Wisconsin. Chairman Pionek read the appeal requesting a variance from Section 17:6.04(3) requirement of (1) one parking space for each 100 square foot of PFA (prime floor area) and a variance from Section 17:4.05(2)B. requirement of 15 feet to allow the the parking lot light pole to be 28 feet high. Mr. Sadowski BOARD OF APPEALS JUNE 23, 1994 PAGE 2 explained this is a RS3-OPD area, meaning it is mixed use, single residences, multi residences and commercial businesses. Mr. O'Neil administered the oath to Mr. Jeff Metz from MSI Development. Mr. Metz prepared a report showing what other communities are using for parking regulations for shopping centers. Mr. Metz is asking for 5.5 spaces/1000 square foot of gross floor space with future expansion to be 5.0 spaces per 1000 square foot of floor space. The national guideline is 4.5 spaces per 1000 square foot of floor space. Mr. Fohr questioned why MSI has to come before the Board of Appeals when Lincoln Point and Pick and Save Shopping Centers never came before the Board. Mr. Sadowski stated he was schooled to use a 80% of gross floor space when determining parking spaces. Mr. Dykstra is using a 50% rule and does not feel a variance is required. Mr. Pionek questioned if, in fact, the Plan Commission did not grant approval on Tuesday, June 21st, for site and operation plan. Mr. Sadowski stated approval had been granted for site and operation, yes. Mr. Fohr questioned why this appeal is even before this board. Mr. Fohr suggested the Planning Department and the Building Department communicate better, rather than wasting everyone's time. APPEAL #18-94 - Daniel and Vicki Verhalen, S65 W17860 Martin Drive, Muskego, Wisconsin. Chairman Pionek read the appeal requesting a variance from Section 17:4.05(2)G. requirement of 120 square foot maximum area and 8 foot maximum height for storage sheds to allow the expansion of an exiting shed to an area of 140 square foot and height of 12 feet. Mr. Sadowski explained the RSE zoning. Mr. Sadowski stated the expansion has already started and there is a history of violations on this property. Alderman Misko expressed his disapproval of this expansion through the Planning Department. Pictures were passed around of this site from September, 1992. Mr. O'Neil administered the oath to both Mr. and Mrs. Verhalen. Mr. Verhalen stated this project started just to replace the roof, however, the shed was in worse shape then he believed it would be. Mr. Verhalen had the lumber to fix it up. The house is old, there is only a small basement under the house, and storage space is desperately needed. Mr. Verhalen stated he has only two neighbors what would this bother. The original shed was old with only a single door, the riding lawn mower would not fit. He wanted to have the higher roof to match the house, to dress up the property. Mr. Verhalen also requested if allowed this shed, could he have 30 days to finish the project. Mr. Pionek stated a shed 10 foot by 14 feet would need to be 25 feet from the property line. Mr. O'Neil questioned if the appeal could be amended to allow the larger shed to be 3 feet off the lot line. It was determined that a second garage structure would need Plan Commission approval for a 10 foot by 14 foot structure. Deliberation of Appeals BOARD OF APPEALS JUNE 23, 1994 PAGE 3 Appeal # 16--94 - Paul Conrardy, W156 57977 Audrey Court, Muskego, Wisconsin. Mr. Warhanek made the motion to deny the appeal as requested due to lack of hardship. Mr. O'Neil seconded. Upon a roll call vote, motion passed to deny the variance, with Mr. Schepp voting in favor. Appeal # 17-94 - MSI Development Corporation, N/W Corner of Racine Avenue and Janesville Road, Muskego, Wisconsin. Mr. O'Neil made the motion to refund his money due to the fact the Plan Commission previously approved the site and operation plan for this project. Mr. Fohr seconded. Upon roll call vote, motion carried unanimously. Appeal #18-94 - Daniel and Vicki Verhalen, S65 W17860 Martin Road, Muskego, Wisconsin. Mr. O'Neil made the motion to appeal only the section for the height and to grant a variance to allow the height of the shed to be 12 feet to coincide with the roof line of the home. Mr. Schneider seconded, upon roll call vote motion carried unanimously. ADJOURNMENT There being no further business, Mr. Fohr adjourn and Mr. Warhanek seconded. Upon a motion to adjourn passed unanimously. The at 10:25 P.M. Respectfully submitted, Susan J. chroeder Recording Secretary made the motion to voice vote, the meeting was adjourned 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 23, 1994, to consider the following appeals: APPEAL #16-94 Paul Conrardy W156 S7977 Audrey Ct. Muskego, WI 53150 REQUESTING: 1 Variance 1)Requesting a variance from Section 17:2.02(6) which requires a principal building be placed on a lot prior to allowing any accessory structures. To allow the construction of a storage shed 10'x 12'x 9', prior to the construction of a home on this site. ZONING RS3 Appeal #17-94 MSI Development Corporation N/W Corner of Racine Ave & Muskego, WI. 53150 REQUESTING: 2 Variances Appeal #18-94 NOTICE OF CLOSED SESSION: Janesville Rd. 1) Requesting a variance from Section 17:6.04(3) requirement of (1) one, parking space for each 100sq ft of PFA (prime floor area), to allow the project to be designed using a ratio of (1) one, parking space for each 200 sq ft of total floor area. 2) Requesting a variance from Section 17:4.05(2)B. requirement of 15ft, to allow parking lot light poles to be 28ft high. ZONING: RS3-OPD Daniel & Vicki Verhalen S65 W17860 Martin Dr. Muskego, WI. 53150 REQUESTING: 1 Variance 1) Requesting a variance from Section 17:4.05(2)G. requirement of 120sq ft max area and 8' max height for storage sheds to allow the expansion of an existing shed to a area of 140sq ft and a height of 12'. ZONING: RSE PLEASE TARE 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. 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 Donald Pionek, Chairman Dated this 9th day of June, 1994 PLEASE NOTE: 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 other than the governmental body specifically referred to above in this notice. Also, 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 K. Marenda, City Clerk, at Muskego City Sall, 579-4100. TXTBOA/NOTICE Applicants Name Pau] CITY OF 2 USKEGO BOARD OF APPEALS Ap lication for variance Subject Property Address: Telephone 963-0507 Property Zoning: - P-1 S 3 rk) -77 Key. # 1 0 Petitioner's relationship to property (circle applicable): owner lessee other Fees: $80.00 II Date inspector denied permit: ' �' i g I�'14 Requesting variance to section To allow: Placement of a tool & garden shed to store shovels, rakes, lawnmower etc to allow for u kee of m ro t . 9"M A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: At present, I have nowhere to store my riding lawmower and other gardening and landsca in tools. These tools v some child to urt or maimed. 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 would eliminateunsi'jhtly views and 22ssible hazards. 0_JgJ_wQu1d be more reasonable thus resentin a more leasant landsca The variance, if granted, will not adversely -affect public safety or jeopardize public welfare because: It will allow all equipment to be stored and out of sight in an attractive shed. Page 1 of 2 TSCSFORH- 80AVAR 4-8-43 w�a� 1`G�y u 211"1.Gi�1`� .006 �oc-,rc:; 'v y ke j e Z2- qaa . UGb Conror�y