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Zoning Board of Appeals 17-1994clu o/ maegro June 28, 1994 MSI Development Corporation Mr. Jeff Metz P.O. Box 7 Oconomowoc, WI 53066 Dear Mr. Metz: BUILDING INSPECTION DEPARTMENT W182 58200 RACINE AVENUE • BOX 903 • MU5KECO, WI 531 50-0903 • (414) 679-41 10 The Board of Appeals wishes to advise you the appeals you requested can be taken care of in the Plan Commission review of your Site and Operation Plan. They also wish to inform you the $80.00 appeal fee will be refunded. Sincerely, S, � Susan J. Schroeder Recording Secretary Ifay W .}ine Kebidentiai, Jnaluilrial anal PecreafianaC atiCifiei 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 S7977 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 '95. 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 S7977 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, r1 �- Susan J. chroeder Recording Secretary made the motion to voice vote, the meeting was adjourned CITY OF MUSKEGO BOARD OF APPEALS DATE June 23, 1994 NAMEMSI DEVELOPMENT CORPORATION ADDRESSN/W CORNER OF RACINE AVE & JANESVILLE RD TELEPHONE 367-3661 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS N/W CORNER OF RACINE AVE & JANESVILLE RD SUBDIVISION LOT BLOCK TYPE OF ZONING RS3-OPD VARIANCE REQUESTED: 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). 2) Requesting a variance from Section 17:4.05(2)B. requirement of 15ft. REASON FOR VARIANCE REQUEST: 1) To allow the project to be designed using a ratio of (1) one, parking space for each 200sq ft of total floor area. 2) To allow parking lot light poles to be 28ft high. 80.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID 6/08/94 RECEIPT NUMBER 108235 DECISION OF THE BOARD OF APPEALS APPROVED DENIED CHAIRMAN f' VICE-CHAIRMAN MEMBER MEMBER MEMBER FIRST ALTERNATE SECOND ALTERNATE aowt tJ Secretary U Date Z a CITY OF 1 USKEGO 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 NIW 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 Appeale 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 eases being the above listed appeals. The Board of Appeals will then reconvene into open session. Detailed descziptions are eva.11able 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 pLFME No=; 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 cr to request thin service, contact .lean A_ Marenda, City Clerk, at Muskego City Ball, 679-4100. TxrBCA/NOTICE CITY OF MUSKEGO BOARD OF APPEALS Application for Variance ►, . , IN . - Subject Property Address: Telephone CA141 367-3661 Property Zoning: Commercial rezoning, pending Key #MSKC 225.998 #MSKC 2191.998.007 #MSKC 2191.998 Petitioner's relationship to property (circle applicable): owner lessee other Developer under accepted offer to�purch�ase, Fees: $80.00 Date inspector denied permit: S S Requesting variance to Sections 7: w.o 4 (3 To allow: 1 5 parking spaces per 1000 sq. ft. of building and Z� 28' tall parking lot light poles A literal enforcement of the terms of the above referenced section would result in practical difficulty and unnecessary hardship because: . G oil �3i 1) The municipal code requiring 10 parking spaces per 1000 sq. ft. of building is twice the industry standard for retail development, requiring excess hard surface site preparation and coverages with potential negative aesthetic and storm water impact. 2) The municipal code requiring 15' light poles is well below industry 6>5/2) 8, standard and would require additional poles to provide appropriate lighting acceptable to retail tenants and adequate for security. This could adversely impact aesthetics, maintenance and snow plowing. The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: The requested variance(s) are consistent with industry standards for retail developments in general including other municipalities in southeastern Wisconsin and more specifically consistent with retail standards observed within the City of Muskego. The variance, if granted, will not adversely affect pubic safety or jeopardize public welfare because: 1) The parking requirement requested, again is acceptable to larger retail tenants based on their experience on a regional and national basis as they are comfortable that five (5) parking spaces per 1000 sq. ft. of building will provide appropriate parking for peak periods. 2) Taller light poles will improve public safety by providing better, more consistent lighting coverage while reducing the number of poles within the parking lot. The plans for the proposed development and the survey are too large to copy. They are available for review in the Building Inspection Department and will be on display the night of the meeting.