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Zoning Board of Appeals 17-1995CITY OF MUSKEGO frlg� June 23, 1995 Mr. Robert Sindic S74 W17522 Lake Drive Muskego, WI 53150 RE: S74 W17522 Lake Drive Dear Mr. Sindic: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 The Board of Appeals wishes to advise you that your request for a variance from Section 3.08(1) and 30.43(3)C. was approved as submitted. Sincerely, i Carlos Trejo cc: Chairman Pionek W182 S8200 Racine Avenue a Box 903 • Muskego, Wisconsin 53150-0903 o Fax (414) 679-5614 Appea I f- I -� - C�-5 CI r- !?Gj��` Cr,7 C �-UG L� • It ,"'✓? � � �r '-Cd ]��' ,�(� �?C �j � • �� Re t + tl C/7 Cf �LG�1tJ l] .5 C�21r,ttt[n Dcaek I1'F• �''L'ir�( m Herd o e r�-I'L 1 Tiy X CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JUNE 22, 1995. Meeting called to order at 7:00 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Frank Kerr, Mr. Ed Herda, Mr. Michael Brandt, Mr. Matt Sadowski, and Mr. Carlos Trejo. ABSENT: Mr. Terry O'Neil and Mr. Dan Schepp. MINUTES: Mr. Kerr made the motion to amend and adopt the minutes from the May 25, 1995, meeting, Mr. Herda seconded. Upon a voice vote the motion to adopt the minutes of the May 25, 1995, meeting passed unanimously. NEW BUSINESS Appeal 1 13-95 Bernie and Teri Evans, S69 W13830 Tess Corners Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. Bernie Evans. Requesting relief from Chapter 17, Section 8.07(7)B.1 RS-2 Suburban Residence District, Permitted Accessory Uses and Section 8.01(7)B.2 RCE Country Estate D_istr_ict,Permitted Accessory Uses. Said sections permits the combined total floor area of all outbuildings of lots of at least 120,000 square feet and up to 400,000 square feet be equal to 1% of the total lot area. The zoning is RS-2, 20,000 square foot Suburban District. Director Sadowski updated the Board and Mr. Evans of the proceedings of the May 25, 1995, Board meeting, in which Appeal #13-95 was deferred. The Planning Commission approved the Evan's preliminary sketch, but left it up to the Board to decide if the Evans should have an excess amount of outbuilding square footage. Mr. Evans presented the Board with pictures of the lot, house, and barn. Mr. Evans described the lot and barn to the Board and stressed its historical importance and value to both the City of Muskego and the State of Wisconsin. Mr. Evans told the Board of the support expressed by his neighbors for keeping the barn. Mr. Evans expressed that he understood that the subdivision would put parcel one (1) in excess of the percentage of square footage permitted by the ordinance, but that permitting the barn to stay would still uphold the spirit of the Zoning Ordinance. The Board discussed what the percentages were for parcel one (1) with the barn and with and without the garage and shed. Discussion ensued over the garage structure. Director Sadowski reported to the Board that Alderman Misko opposed the petitioner's request and felt the Board should up hold the ordinance. Appeal. # 16-95 Kids Kampus Day Care, Sue Krienitz, S84 W18473 Enterprise Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Ms. Pam Bacheldor. Requesting relief from Chapter 17, Section 4.03(2) Structures Other Than Buildings and Section 8.15 (3) I-1 Industrial Park District Buildinq Location. Said sections Page 2 Board of Appeals, June 22, 1995 require that structures not classified as buildings, but six (6) inches or more in height, conform to a fifty (50) foot setback. The Petitioner requests a thirty (30) foot setback for a dumpster. The zoning is an I-1, Industrial Park District. Ms. Bacheldor informed the Board that the dumpster was relocated to its present location to ensure the general safety and welfare of the children. Currently, the children use the paved area of the original dumpster location for various activities. She felt that leaving the dumpster in its original location would threaten the children's safety. Therefore, the day care relocated the dumpster at its current location near the road and way from the activity areas of the day care. Appeal #17-95 Robert Sindic, S74 W17522 Lake Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. Robert Sindic. Requesting relief from Section 3.08 (1) Areal Provisions, petitioner seeks relief from Chapter 30, Sections 30.43(3)C. Garages, General Requirements, Area. Said section limits the size of all wood frame constructed garages to 720 square feet, unless divided by a fire wall. Petitioner requests and exemption to placing a fire wall for a 1,196 square foot garage. The zoning is RS-3/OLS. 15,000 square foot Suburban Residence and Lake Shore District. Mr. Sindic told the Board that complying to the square footage and wall division requirement would defeat the purpose of expanding the garage. He also stated that the Director of the Building Department is in the process of eliminating this section of the ordinance. Mr. Sindic also presented to the Board three (3) previous variances that the Board had granted. DELIBERATION OF APPEALS APPEAL #17--95 Mr. Brandt made a motion to approve the appeal as submitted. The hardship stated was that the City is planning to abolish the code, past precedence has been set in granting such a variance on the basis that the wall would make garages of this size useless, and that the structure is located away from the home or any other primary dwelling units. Mr. Herda seconded. Upon a roll call vote, Appeal #17-95 passed unanimously. APPEAL #16-95 Mr. Schneiker made a motion to approve the appeal as submitted. The hardship stated was that relocating the dumpster to the original location would endanger the safety and welfare of the children; however, the Board requested that the dumpster be completely enclosed with an appropriate fence and gate and that the dumpster be inside the fenced in area at all times when not in service. Mr. Kerr seconded. Upon a roll call vote, Appeal #16-95 passed unanimously. APPEAL #13-95 The Board deliberated what type of hardship would apply. Mr. Herda mentioned that the petitioner has maintained three (3) options: keep the barn with no garage, keep Page 3 Board of Appeals, June 22, 1995 the garage and no barn, or keep the garage and barn and not subdivide; thus, the petitioner is imposing his own hardship by subdividing the property. Discussion ensued over the garage. The Board felt that it would be best not to include a variance for the garage structure and granting the owner a sufficient variance to subdivide the lots, leaving the need for a garage to be decided by future owners. Mr. Schneiker made a motion to amend Appeal #13-95 to reflect Appeal #22-91, which granted a 1.7% square footage variance to the original five (5) acre lot and apply that to the three (3) acre lot. The hardship stated was that it will continue an already pre -approved variance and will permit the petitioner to keep the barn. Mr. Kerr seconded. Upon a roll call vote, amended Appeal #13-95 passed unanimously. MISCELANEOUS BUSINESS Director Sadowski informed the Board of a proposal to change the ordinance that identifies and permits sheds of 120 square feet with a maximum height of nine (9) feet. He stated that the matter was brought to the Planning Commission for review, but the Commission had mixed views about the matter. Chairman Pionek supported a need for a change in the ordinance, but that the matter should be further researched and reviewed. Chairman Pionek asked Director Sadowski if inspections were performed to enforce requests granted for a second garage structures in which a condition was placed to remove a secondary structure. Director Sadowski said he would look into the matter. Chairman Pionek informed the Board of a letter submitted to the City Attorney in regards to the permitted participation of alternate members. To date, no response has been received. Director Sadowski informed the Board that the proposed training session for Board memebers had been cancelled and that the Mayor and he were looking for alternative solutions. Mr. Herda made a motion to adjourn, Mr. Schneicker seconded. Upon a voice vote, the motion to adjourn passes unanimously. With no further business to come before the Board, the meeting was adjourned at 9:10 PM. Respectfully submitted, Cls rlos Trejo Recording Secretary CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name 124&_JrA . (na I [= Subject Property Address: Telephone (�:7!� - y31 � Property Zoning: [Zs-3/n j _S KeY #_ _9_ ._0-76 Petitioner's relationship to property (circle applicable): owner lessee other Fees: $80.00 Date inspector denied permit: Requesting variance to Section (3) To allow: A literal enforcement of the terms of the above -referenced section would result in practical difficulty and, unnecessary hardship because: The expense of building an unnecessary firewall because of an outdated code. The variance, if granted, will not be contrary to the public interest and will be -in accord with the spirit of the code because: All previous variances granted to other property owners with i stare ing garages over 700 square feet. The variance, if granted, will not adversely -affect public safety or jeopardize public welfare because: The building inspector will, be abolishing this code in 1996 and the Fire Dept. is in complete agreement with him. Page 1 of 2 'DCCl 0RM. 9QAVAR 4-8-93 PL AT OF SUHVL Y .t:i'S t 1 i ra•._ i7,rl,eri �ilt.l 1, jtp �1 RI I'I I11 rh:lt i..lrl •,f Iis ,r Irt SLY '+C,[pnu o, lok, It i \u I'!It, 'r Li t. _ 1-t LII haul r•LIIy It,nnt5'. ;tea,-,,n •Ir, ,•rren+d�•rl -InJ de,rril+e.l a� feel l„a<, .1 i-1"eliC itt•' 'II 11ie I.I.[ I I c natal' of -n I tn'I ILl Is +: Iite. L• �ndr V, ]1.17I r' t!Lt• ttrine r+l' [ht ICrrl.'u Irtan !'r!rl Tn the renter iiu•• rI,' e'nnnra :rnn6•!1i••Ilk, a. 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I a0 PHONE 4354060 stijic C'i1t. o/ TnuiLe �� 8UILDINC INSPECTION DEPARTMENT W 182 S8200 RACINE AVENUE • BOX 903 • h1USKEGO, WI 53150.0903 • (414) 679-41 10 February 1, 1993 John Ingersoll S76 W18004 Janesville Rd. Muskego, WI 53150 Dear Mr. Ingersoll: The Board of Appeals wishes to advise you that your request for a 4' height variance to 15' maximum height 17:8.08(6) and variance to allow elimination of firewall W.U.B.C. 30.43(3)(c) to permit construction of a second garage structure has been approved as submitted. Building Permits are required. Sincerely, BOARD OF APPEALS Kathy lbrecht Recording Secretary IfilV of 3i,te ✓ dititrial anti P&rrettfionu( Jtt CiLili" sign. Don Freburg, manager of the construction, SLGGt'u L,i�y wGl= actually decreasing the size of the new sign. The sign will be upgraded, lit with floodlights, and a reader board will be added. The position of the sign will be set back further than the original. If Racine Avenue is ever widened, the expense to move the sign will revert back to Praise Fellowship Church. APPEAL #3-93 - David DeAngelis, W178 56961 Shady Lane, Muskego, Wisconsin, 53150 is requesting a 3' variance for abutting driveways 17:4.05E. Mr. Stan Potrykus appeared stating that Plan Commission approved the land division of these two parcels. Plan Commission requested the two 8 foot driveways be attached instead of two separate driveways. ordinance requires driveways be 3 feet from lot line. The parcels are set back from the road.. No fill will be needed. Chairman Fohr stated the land for the driveway looked level. There would need to be a•common easement agreement. APPEAL #4-93 - John Ingersoll, S76 W18004 Janesville Road, Muskego, Wisconsin, 53150 appeared requesting a 4' height variance to 15' maximum height 17:8.08(6) and variance to allow elimination of firewall W.U.B.C. 30.43(3)(c). Mr. Ingersoll stated this garage is substantially smaller than originally submitted. The gables are designed to coordinate with his house. Chief P-ickart appeared supporting the variance. He stated the maximum height won't shadow the Fire Department. He said the Fire Company had no problem, in fact, they encouraged him. Mr. Pickart said it was through J. C. Dev. that they were able to build the Fire Department as they did. "rrLAL #4-93 - John Ingersoll, S76 W18004 Janesville Road, Muskego, Wisconsin. Mr. Vitt made a motion to approve this appeal as submitted. Hardship being need for storage of personal Possessions. Mr. O'Neil seconded. Upon a roll call vote, the motion passed unanimously. soictic lcy'q a/ WU�3& o BUILDING INSPECTION DEPARTMENT W182 58200 RACINE AVENUE • BOX 903 • MUSKEGO, WI 53150-0903 • (414) 679-41 10 5 March 31, 1992 Mr. and Mrs. Gerald Giefer S76 W18006 Janesville Road Muskego, WI 53150 Dear Mr. and Mrs. Giefer: The Board of Appeals wishes to advise you that your request for no firewall in a second garage structure has been granted. In addition, the Board has granted a 5' height variance for this structure. You will need to obtain a building permit for the construction of this second garage structure. If you have any questions, please contact the Building Inspection Department at 679-4110. Thank you. Sincerely, BOARD OF APPEALS Jill Blenski Recording Secretary ]mb airman Gerald Fohr l.. ly O/ Jine !\alialantia l} JnRui rial and Recreational 5acib;., -- - --- - —, --- — v--r ^.mow.....-.. ...au a. s..aac ",- L"C 1. variance is fromtheback lot line to the existing garage, which is nonconforming. After actually measuring the distances at the property site, Mr. Dykstra stated that the variance required would have to be for 13' 5" instead of 11' 5". Mr. Moran appeared before the Board and stated that he now would like to put the garage addition on the east side of the existing garage. He does not have a problem with putting a fire wall in. The Board questioned Mr. Dykstra if this would pose any problems. Would the garage addition be too close to the house? Mr. Dykstra stated no. APPEAL 8-92.- Gerald and Collette Giefer, S76 W18006 Janesville Road, Muskego, Wisconsin. Chairman Fohr read the appeal fromMr. and Mrs. Giefer requesting no fire wall in a second garage structure. Zoning: RS-3/B-2/OPD/OLS. Mr. Dykstra explained that the fire wall requirement is not a City of Muskego Minutes of Board of Appeals March 26, 1992 Meeting Page 3 ordinance. It was adopted by the city from the Southeastern Wisconsin Building Inspectors Association code book which encompasses items not covered by the Uniform Dwelling Code or the state's commercial code. The code is binding, however, the Board of Appeals may grant variances. A fire wall is required in a wood frame structure over 720 square feet per this code. Mr. and Mrs. Giefer appeared before the Board. They are requesting no fire wall. The structure will be able to be used more efficiently without the fire wall. It is to be located a great distance from the house. The structure will be near the Muskego Volunteer Fire Department. Most of the items they plan to store inside will not contain gasoline. The height of the structure was also discussed. Mr. Dykstra did question the appellants about the structure height prior to the publication of the public hearing notice. Mr. and Mrs. Giefer stated that the structure would not exceed 151. They have since decided that the second garage structure will be higher than the 15' maximum, therefore, a height w� variance will -- APPEAL 8-92 -___Gerald and Colette Giefer, S76 W18006 Janesville Road. Mr. Fohr made a motion to grant the variance as requested and include a 5' height variance. The hardship being there are no other structures within 50' of the proposed second garage structure and for architectural purposes to complement the existing dwelling. Upon a roll call vote, the motion to grant the 5' height variance and not require a fire wall passed unanimously. APPEAL 9-92 - Lowell Peterson, S74 W14829 Woods Road. Mr. O'Neil made a motion to grant the variance as requested. The hardship being the unreasonable road dedication of 501. Mr. Erno seconded. The Board stated the following conditions: 1.) This matter must go back to the Plan Commission. 2.) All present and future buildings will conform to the legal offsets and setbacks. Upon a roll call vote, the motion to appeal the Plan Commission decision passed unanimously. APPEAL 10-92 - Ray Vees, W183 57682 Kingston Drive. Mr. Berken made a motion to deny the appeal due to lack of a hardship. HFT' - i+'n f'xr ca.-re. .i ., .-7 •.4 _� _ - - IC BUILDING INSPECTION DEPARTMENT W182 S8200 RACINE AVENUE • BOX 903 • MU5KEGO, WI 531 50-0903 • (414) 679.41 10 December- 7, 1992 Mr. & Mrs. John Gardetto S75 W17890 Janesville Rd. Muskego, WI 53150 Re: S75 W17890 Janesville Rd. Dear Mr. & Mrs. Gardetto: The Board of Appeals wishes to advise you that your request for a 6'0" height variance from requirement of 1510" to allow a maximum height of 2210" from ground to ridge for a new second garage structure and a 600 sq. ft. size variance from W.U.B.C. #30.43(3)(c) requirement, which limits wood frame garages to 720 sq. ft. to allow a 1320 sq. ft. second garage structure to be constructed without providing a firewall has been granted as submitted. Building Permits are required. Sincerely, BOARD OF APPEALS Kathy lbrecht Recording Secretary kaa cc: Chairman -Gerald Fohr l-.ilcf o/ -7ine I\e3idonfiaC, Jndu3Eria� and leecreahonaL Jacib;.' UE- uelaue. J , 1 � 7 L requirement of 1113" to allow an addition to existing dwelling - 718" from rear or N.W. lot line and a 1'9" offset variance to requirement of 11'3" to allow an addition to existing dwelling 10'6" from S.W. lot line. Mr. Holt stated his neighbors had no problems with this addition and he needed the extra room for an expanding family. APPEAL #49-9`2...- John & JudithGardetto.:,. S75 W17890 Janesville Rd., Muskego, Wisconsin, appeared requesting a 6'0" height variance from requirement of 15'0" to allow a maximum height of 22'0" from ground to ridge for new second garage structure and a 600 sq. ft. size variance from W.U.B.C. #30.43(3)(c) requirement, which limits wood sq. ft. second garage structure to be constructed without providing a firewall. Mr. Dykstra -stated the RS3/B2/OPD/OLS zoning for this property is unique, and that an accessory building can be built up to 60% of the main structure size, however the square footage doesn't meet with the W.U.B.C. requirements for maximum size. This structure will be used to APPEAL #49-92 - John & Judith Gardetto, S75 W17890 Janesville Rd., Muskego, Wisconsin. Hardship being need for covered storage for vehicles/boats, etc. Mr. Rowinski moved to grant the variance as submitted, Mr. O'Neil -seconded. Upon a roll call vote, the motion passed unanimously. APPEAL #50-92 -- Duane & Nanette Cherek, S75 W17960 Janesville Rd., Muskego, Wisconsin. Hardship being need to screen from firehouse and loss of green area. Mr. Rowinski moved to grant the height variance as submitted, but to deny the 3'8" offset varianr.s-_ _m _ _ m-,i ,.