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Zoning Board of Appeals 17-1997Appeal #17-97 Parkland Venture LLC/ Arthur D. Dyer S74 W 17000 Janesville Road Fond Du Lac, WI 54935 REQUESTING: Under the direction of Section 30.09 (4) Inspections: Board of Appeals, Petitioner aggrieved by decision of Building Inspector: 1. Chapter 30—Building Code: Section 30.05 (1) (c) Permits: Permits Required. Said regulation requires permit for wrecking or razing work. 2. Chapter 30—Building Code: Section 30.50 Failure to obtain permit. City of Muskego, Schedule of Building Permit Fees sets regulation for a penalty fee of three (3) times the applicable permit fee when work is started prior to a permit being issued. Zoned: B-4/OPD, Highway Business with a Planned Development Overlay. DECISION OF THE BOARD OF APPEALS Approve Appeal as submitted. Motion stated that interior remodeling not effecting structural walls or plumbing and electrical §0o*0 not require a permit or inspection_ IF Chairman O'Ne'I Vice Chairman Brandt Member Herda 1 r Member Schepp Member Schneiker Member huester (I 1 Alt.) tuber Ross (2"d Alt.) Approved Denied Absent Denied Absent Denied Dewed CITY OF MUSKEGO July 3, 1997 Mr. Art Dyer Parkland Venture LLC W208 S8903 Hillendale Muskego, WI 53150 RE: Administrative Decision Dear Mr. Dyer: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 The Board of Appeals wishes to advise your appeal from Section 30.09 (1) (c) Permits and from Section 30.50 Failure to Obtain Permits was denied. Should you have any questions, please contact Carlos Trejo at 679-5674. Sincerely, Susan J. chroeder Recording Secretary W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS MINUTES IF THE MEETING HELD JUNE 26, 1997 PRESENT: Chairman O'Neil, Vice Chairman Mike Brandt, Dan Schepp, Heather Schuster and James Ross. ABSENT: Ed Herda and Henry Schneiker. STATEMENT OF PUBLIC NOTICE MINUTES: Dan Schepp made a motion to accept the minutes of May 22, 1997, meeting. Heather Schuster seconded, upon voice vote, motion carried. OLD BUSINESS:Signing of decision letters from May 22, 1997, meeting. NEW BUSINESS Appeal # 13-97 Anne and Michael Recknagel,W190 S7096 Wentland Drive. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Mr. Trejo explained to the Board members that this is a different submission with new drawings and new location on survev. Chairman O'Neil administered an oath to Michael and Ann Recknagel, Barbara LaMere, and Attorney Kurt Frank. Dan Schepp made a motion to hear this appeal based on the new information. Jim Ross seconded. Upon roll call vote, motion carried unanimously. Attorney Frank described the modified proposal and the need to cover the exposed basement area covering the sump pump. Enforcement of the zoning code would cause unnecessary hardship due to preexisting location of the residence and a variance would not be in contrary to public interest and would be in the spirit with the public code because the existing offset would not be increased but maintained. The home would be improved and aesthetically pleasing in accord with spirit of the code. It would increase the tax base for the city and not adversely affect the neighborhood. BOA 06/26/97 Page 2 The upward addition of 1200 sgare feet would increase livability of the home and create what the Recknagel's originally planned when they purchased the home. Mrs. Barbara LaMere, neighbor most affected by addition was here in support of proposed addition. Mrs. LaMere further stated all the homes in this area are all too close to the lot lines. Carlos Trejo explained the house is 4.6 feet within the nonbuildable area. The second floor would increase to the total amount of square footage that is already nonconforming. Mr. Trejo, further stated, that the extent of the renovation of the home could exceed the 50% allowed for nonconforming structures. Per assessment records, the dwelling is listed at $54,000, allowing $27,300 for improvements. Mr. Trejo questioned costs and a need for a cost breakdown. Mr. Recknagel stated his designer has 30 years of experience and estimates the cost at $18 per square foot, totaling $17,000 dollars. The Recknagel's stated that they plan to do a lot of the work on their own. Appeal #17-97 Parkland Venture LLC/ Arthur D. Dyer, S74 W17000 Janesville Road, REQUESTING: Under the direction of Section 30.09 (4) Inspections: Board of Appeals, Petitioner aggrieved by decision of Building Inspector: 1. Chapter 30-Building Code: Section 30.05 (1) (c) Permits: Permits Required. Said regulation requires permit for wrecking or razing work; and Chapter 30-Building Code: Section 30.50 Failure to obtain permit. City of Muskego, Schedule of Building Permit Fees sets regulation for a penalty fee of three (3) times the applicable permit fee when work is started prior to a permit being issued. The property is zoned B-4/OPD, Highway Business with a Planned Development Overlay. Chairman O'Neil administered an oath to Building Director Chuck Dykstra, Sr., Art Dyer, George Resch, Attorney Richard Frederick and Wendy Reinbolt. Attorney Frederick explained to the Board the intent of his work at the Parkland Mall was only clean-up. Wrecking is a dilemma, there is no definition in the City Code defining exactly what constitutes wrecking or razing. There is also no definition in the State Statutes. The Wisconsin Administrative Department of Natural Resources, however, has a definition under 442.02(11) for demolition. The work done at the Parkland Mall was strictly clean up work, not removing load -supporting structural walls. Attorney Frederick feels this is selective enforcement on the part of the Building Department directed to the Parkland Mall. Chairman O'Neil stated this is not the issue before the Board and would not hear this argument. Mr. Dyer stated that researching past practice in community, he found that there were no demolition permits issued over past five years. There were no wrecking permits for the old Sentry store located in the adjacent parking lot. Mr. Dyer refered to letter sent to previous owner requiring work be done immediately to the roof of the Parkland Mall. Mr. Dyer stated that he was complying with the conditions of the letter. BOA 06/26/97 Page 3 Thirty dumpsters were required to remove ceiling tiles and flea market leftovers not removed by the previous tenant. Mr. Dyer has worked in Fox River Hills, Racine, Milwaukee, West Milwaukee, Okauchee and numerous other communities in which no permit was required for clean-up work. There were no structual walls removed nor plumbing removed, however, the Building Department of the City of Muskego required a permit and assessed triple fees as a fine for work being done without a permit. There was no wrecking/razing permit required by Rozman's True Value nor for Sentry walls being removed. There was a permit for the Golden Chicken and that was completely taken down. Mr. Dyer stated he has in his possession letters from City of New Berlin and Village of Big Bend stating no permit is required for clean up work. Mr. George Resch stated he has worked in the wrecking/razing field for 30 years and is currently working for EBA. He has done approximately 3,000 demolitions and has never taken out a permit for work removing nonbearing walls. Chuck Dykstra, Sr., Director of the Building Inspection Department stated there is confusion regarding demolition permits. When demolition is being done with a remodeling/ alteration permit, no separate demolition permit required, its part of the remodeling/alteration permit. In the case of the Parkland Mall, no plans were submitted for alteration/ remodeling, hence a demolition permit to remove walls is required. Mr. Dykstra presented a survey from Southeastern Wisconsin Building Inspectors Association asking who requires a demolition permit to remove walls in commercial buildings regardless if walls are bearing or not. 16 of the 17 inspectors surveyed required demolition permits. The Building Department has a policy of assessing triple permit fees to all contractors when work is done without a permit. Mr. Dyer stated this was only clean up work, sweep -up mold and mildew tiles, no electric nor plumbing were removed. Electric was left in place or else placed up in the ceiling. The telephone lines have been cut. Mr. Dyer indicated there is a pattern of abuse by the Building Director as in the case of Jack Galkowski. On June 4th, Mr. Galkowski reported to Mr. Dyer the Building Director harassed and screamed at him (Mr. Galkowski) at the Parkland Mall. Dan Schepp made a motion to hear a rebuttal by Mr. Dykstra, Mike Brandt seconded. Upon voice vote, motion to hear was denied. Mr. Dykstra stated he objects and did not agree with that decision. Appeal #18-97 William R. and Pamela Lehmann, W183 S6453 Jewel Crest Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building BOA 06/26/97 Page 4 Location. Said regulation requires a 55 foot setback from Topaz Drive. Petitioner seeks a 21 foot variance to build an accessory structure 34 feet from the centerline of Topaz Drive. 2. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Jewel Crest Drive. Petitioner seeks a 29 foot variance to build an accessory structure 26 feet from the centerline of Jewel Crest Drive. The property is zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Mr. Trejo informed the Board that the petitioners had been before the them on a previous appeal, that had been denied. They have proposed a new location for the garage. Mike Brandt made a motion to re -hear the Appeal. Dan Schepp seconded. Upon roll call vote, motion carried unanimously. Chairman O'Neil administered an oath to William and Pamela Lehmann. William Lehmann stated he had spoken to the Police Department and Public Works to correct confusion regarding where the garage was proposed to be built and discussed the corner vision. Mr. Lehmann stated this garage would not have an adverse affect to code nor public safety. The existing attached garage would come down as well as a small shed if approved. The proposed garage would be 24' x 28'. The hardship is the preexisting location of structure on lot, the irregular configuration of the lot, and the lot being locked in by a corner, surrounded by two streets on the side. With the inclusion of the ultimate right-of-way, there is no buildable area on his property. Mr. Lehmann offered two location options: A Location and B Location. Mr. Trejo explained the legal nonconforming building allowed 50% of assessed value for structual renovations or additions and that an attached garage structure is an option for the petitioner. If detached, the 60% rule would allow for a 773 square foot accessory building, the plan proposed is under that figure. Mr. Trejo explained that even though the configuration of the lot is unique and complex, owners are responsible for doing their homework when purchasing a home. If the Board were to grant a variance to the Lehman's, this would be an injustice to the potential owners that did do their research and selected not to buy the lot. Mr. Trejo expressed a concern in regards that the detached structure would encroach within the vision angle of the intersection, which proposes a threat to safety and public welfare. If a structure is built, staff would recommend that the structure be built parallel to the road, not to the house. Prior to issuing any building permits a survey would be required with garage staked out. Mr. Lehmann reiterated the following: Trees to be removed per vision code. Pine trees are year round to block view of yard. Attached garage would require a variance as well. If garage were parallel it would be a moot point because we are only talking a couple of feet and would be more in the vision line (in his opinion) Mrs. Lehmann's question is do aesthetics play a part in this decision; the answer was no, that is not a hardship. BOA 06/26/97 Page 5 Appeal #19-97 Dean A. Lubecke, W183 S6526 Jewel Crest Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 17--Zoning Ordinance: Section 4.06 (2) A. Legal Nonconformity: Classification and Regulation - Nonconforming Structure. Said regulation restricts expansion or enlargement of a nonconforming structure except within conformity of the zoning district. Petitioner seeks to repair, alter, and expand said structure over 50% of its current fair market value. The property is zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Chairman Terry O'Neil stepped down as chairman. Vice Chairman Mike Brandt took over the meeting. Vice Chairman Brandt administered an oath to Dean and Sherry Lubecke and neighbor Terry O'Neil. Dean Lubecke stated he obtained a permit from the Building Department and the Plan Department to extend the foundation and build an exposed basement. This project was just a hobby to work with his family. When he purchased the home, the ad mentioned this would be a handyman's special. Mr. Lubecke stated he then received a letter from the City stating he was going too slow and the City would be monitoring his progress. At that time, a carpentry company got involved to speed the project up, and then Mr. Trejo wrote a letter stating that the project had gone too far and to stop work. Mr. Lubecke was requested to bring in receipts from contractors for work being done, but Mr. Trejo questioned the validity of the receipts. Carlos Trejo stated that the question before the Board is whether the appellant may exceed the 50% rule. This parcel is composed of two nonconforming lots that create a conforming parcel. There is plenty of buildable space on this property. The existing structure on the property is too close to Jewel Crest, and the owner expanded the structure in the nonconformance area. The foundation permit issued was in the buildable space and at that time it was explained to Mr. Lubecke what the 50 % rule was. Mr. Trejo stated the City is not denying Mr. Lubecke the use of his lot, however, this is a public safety issue being too close to the intersection and too close to the road. The other issue here is there was no permit applied for to build a second story nor a first and second story on the new foundation. Mr. Terry O'Neil stated he has been living next to this structure for 10 years and has requested from the Building Department to have it condemned to no avail. It is a pleasure to finally have someone fix up this house and no longer have to watch it being vandalized. A ten minutes recess occurred. Chairman Terry O'Neil resumed chairmanship over the meeting. DELIBERATIONS: Appeal #13-97 Mike Brandt made a motion to accept appeal as submitted. Hardship being structure located 2.9 feet from the BOA 06/26/97 Page 6 property line (preexisting location) and basement leakage (safety). Jim Ross seconded. After discussion upon a roll call vote, motion passed unanimously. Appeal #17-97 Dan Schepp made a motion to deny as submitted. Mike Brandt seconded. Mr. Schepp and Mr. Brandt rescinded their motion upon the advice of the City Attorney to make positive motions. Mr. Dan Schepp made a motion to approve appeal as submitted. Jim Ross seconded. After discussion, upon roll call vote, motion was denied 4-1, Chairman O'Neil voting yes. Appeal #18-97 Heather Schuster made a motion to approve as submitted on location "B" with the stipulation that a survey be submitted to the Plan Department with setbacks located on the map. Hardship being unique parcel (narrow). Jim Ross seconded. After discussion, Ms. Schuster made a motion to defer until location "B" could be identified on a certified survey, a location not to be in the Right -of -Way. Jim Ross seconded, upon roll call vote, motion to defer passed unanimously. Appeal #19-97 Dan Schepp made a motion to accept the appeal as submitted. Hardship being location of building on site. Heather Schuster seconded. Upon roll call vote, motion to accept was denied 4-0. (Mr. O'Neil abstained from voting). MISCELLANEOUS BUSINESS Mr. Brandt questioned when building ordinances would be rewritten. ADJOURN: Mike Brandt made a motion to adjourn. Heather Schuster seconded, with no further business to come before the board, meeting adjourned at 12:30 A.M. Respectfully submitted, Susan J. Schroeder Recording Secretary `� -14 "),-�L c)u AGENDA CITY OF MUSKEGO NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing will be held in the Wisconsin Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, June 26, 1997, to consider the following petitions for appeals to the Toning Ordinance of the City of Muskego: 1. CALL TO ORDER 2. ROLL CALL 3. STATEMENT OF PUBLIC NOTICE 4. APPROVAL OF MINUTES OF THE MAY 22, 1997, MEETING 5. OLD BUSINESS None. 6. NEW BUSINESS Appeal # 13-97 Anne and Michael Recknagel W 190 S7096 Wentiand Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--ZoningOrdinance: Section 4,06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District A ith a Lake Shore Overlay Appeal #17-97 Parkland Venture LLC/ Arthur D. Dyer S74 W 17000 Janesville Road Fond Du Lac, WI 54935 REQUESTING: Under the direction of Section 30,09 (4) Inspections: Board of Appeals, Petitioner aggrieved by decision of Building Inspector: 1. Chapter 30---Building Code: Section 30,05 (1) (c) Permits: Permits Required. Said regulation requires permit for wrecking or razing work. 2. Chapter 30—Building, Code: Section 30.50 Failure to obtain permit. City of Muskego, Schedule of Building Permit Fees sets regulation for a penalty fee of three (3) times the applicable permit fee when work is started prior to a permit being issued. Zoned: B4/OPD, Highway Business with a Planned Development Overlay. Page 2 Appeal 418-97 William R. and Pamcla Lehmann W 183 S6453 Jewel Crest Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner socks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Topaz Drive. Petitioner seeks a 21 foot variance to build an accessory structure 34 feet from the centerline of Topaz Drive. 2. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Jewel Crest Drive. Petitioner seeks a 29 foot variance to build an accessory structure 26 feet from the centerline of Jewel Crest Drive. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Appeal #19-97 Dean A. Lubecke W 183 S6526 Jewel Crest Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter l7--Zqqjpg Ordinance: Section 4.06 (2) A. Legal Nonconformity: Classification and neguiauon - Nonconfomung Structure. Said regulation restricts expansion or enlargement of a nonconforming structure except within conformity of the zoning district. Petitioner seeks to repair, alter, and expand said structure over 50% of its current fair market value. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. 7. Miscellaneous Business. None NOTICE OF CLOSED SESSION: PLEASE TAKE 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. Ali interested parties will be given an opportunity to be heard. Board of Appeals City of Muskego Terry O'Neil, Chairman Dated this 13th day of June, 1997 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. Muenda, City Clerk, at Muskego City Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. CITY OF I .MUSKEGO BUILDING DEPARTMENT Chuck D. Dykstra, Sr., Director (414) 679-4145 Inspection Requests (414) 679-4110 The following information was complied as a result of action taken by Mr. Arthur Dyer to appeal the Building Inspectors decision, requiring a demolition permit, for work performed at the Parkland Mall facility. Inspectors representing numerous surrounding communities were questioned to determine their policy on requiring permits for demolition work. The Inspectors were asked if they require permits for demolition work in commercial buildings which involves the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. The community, name and phone number of the inspector and any comments offered are included below. Inspectors were encouraged to provide comments to explain their specific policy. City of Brookfield No separate permit required for demolition work, if the demolition work occurs as part of the overall construction project, under the authority of an alteration permit. Inspector: Ken Dentice Phone 796-6646 Village of Brown Deer Separate demolition permits are typically not required; however, if a large scale demolition project is proposed with no planned reconstruction, a demolition permit would be required. Inspector: Robert Premo Phone 357-0144 City of Franklin Typically demolition is done with as alteration to tenant spaces. If we were to have demolition work alone we would charge a permit. Inspector: Fred Baumgart Phone 425-0084 Village of Germantown Our permit is based on the cost of the complete renovation and we do not distinguish between demolition work or new work. In an instance where they are only doing demolition work then we would issue a separate permit for demolition. Inspector: Robert Myers Phone 253-8250 Village of Grafton Yes, we require permits for demolition work which includes the removal of non -bearing walls. Inspector: Tom Johnson Phone 375-5305 Village of Greendale Yes, we require permits for demolition work which includes the removal of non -bearing wails. 1996 report and application included. Inspector: Scott Satula Phone 423-2100 City of Greenfield Yes. we require permits for demolition work which includes the removal of non -bearing walls. Inspector: Mel Teska Phone 543-5500 ext 333 City of New Berlin The removal of minor walls (not tenant division walls) requires no permit. Removal of tenant separation walls does require a permit even if non -bearing. Inspector: Howard Gygax Phone 797-2449 W182 S8200 Racine Avenue * Box 903 • Muskego, Wisconsin 53150-0903 + Fax (414) 679-5618 City of Oak Creek We would not require a demolition permit providing the alteration permit will soon to follow the demolition work If there are no plans for work to follow the demolition, a permit would be required. Inspector. Richard Holden Phone 768-6544 City of Port Washington Yes, we require permits for demolition work which includes the removal of non -bearing walls. However, sometimes the demolition permit is incorporated into the building permit. Inspector: Brian Kober Phone 284-2600 City of Racine Demolition work is covered under the building permit. Inspector: Robert Jensen Phone 636-9471 City of Sheboygan *" We do not require a permit for the demolition of non -bearing walls. Inspector: Jack VanDer Weele Phone 459-3481 City of Waukesha Generally we do not issue demolition permits as the demolition is part of the building permit. In a case where the owner wants to remove walls, ceilings, etc, and does not have a tenant, we will issue a demolition permit so the owner can clean out the tenant spaces. Permit fee determined at S7.00 per $1,000.00 Inspector: Ray Holzman Phone 524-3530 City of Wauwatosa Yes, we require permits for demolition work which includes the removal of non -bearing walls when the work is not incorporated under an alteration permit. Inspector: Bill Mainus Phone 479-8907 City of West Allis Yes, we require permits for demolition work which includes the removal of non -bearing walls. Inspector: Bob Ruesch Phone 302-8414 City of West Bend We require that demolition work be covered by a permit and we also require supervising and design professionals be assigned to the job and plans be submitted. Inspector: Dick Simmons Phone 334-I362 Independent Inspections LTD Most Municipalities IIL works for include the demolition with the Covering 80+ communities remodeling permit. If there is not a remodeling permit submitted and they wish to start demolition work, a demolition permit is then issued subject to local ordinance. III, CEO - Operations, Thomas DeIacy Phone 544-8280 Summary: The overwhelming concensus of those questioned was that the demolition work will typically be included along with the new work under an alteration permit. In the few circumstances where there is no remodeling or improvement plans ready and the individual wants to start demolition work a separate permit is required to cover the demolition alone in all communities questioned with the exception of Sheboygan, who did not really elaborate on how they handle that situation. Information compiled June 1997 by: Chuck Dykstra Sr. Director of Building Inspection Department City of Muskego 4144430700 BOLDT DPVELOPMENT 075 P01/01 7UN 26 157 oe:5P BOLD-T uEvEL0V%IF1�T ,tune 26.1997 Via Telefa"imik (679-5630) Mayor David D'Angelis CITY OF MUSKEGO W182 S82M Racine Avenue Muskego, Wisconsin 53150-0903 RE Notice of Public Hearing Appeal 117-97 Dear Mayor D'Angelis: We have received notice of the above referenced appeal and, although we will be unable to attend the gearing In person, we wanted to let you know that we are in support of the City+s position on this issue. Having worked with the City through the design approval, permitting, and Inspection process, it is clear to us that the City of Muskego is very diligent when it comes to its review of construction and development. It is reasonable that the same standard apply to other projects as well. We appreciate receiving your notice and invite you to all if you have any questions relative to this issue. Sincerely, BOLOT DFWLOPMENT CORPORATION .—1 V---j James R Sedgwicic Development Director JRSlmsd c: Kris O'Meara Mark Daley r�+rc'u+Mi Y%Mj 17c 6 NRd No1;1t 1),•; r!„n,rrnrr [.r,r�+r,rdrrnrr 1 011,ru,nvurnn I)rrte Aldwaukrr, Wnr,nr.,r), i;_° e, 7i/C/05r.,a•:11 111,0,ou 1•itcslf k 414 r44 1 P)b Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: 6�t�— �� /,/— Inspector: Phone #: ! ? _Clet 0 iS, We do issue permits for demolition work in commercial buildings which affects the removal of n2bearing walls in malls, shopping centers and other commercial tenant spaces. J NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. 0 OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: e�D Thanks again for your assistance in this regard. Demolition Permit Surve Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: L__5 Inspector: !� fr►rl= Phone #: 3r5_� ❑ YES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. �"NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in /m s, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: t S macs si�a 1%2 log— T-a Nt=�> Thanks again for your assistance in this regard. JUN-24-97 TUE 12:03 PM FRAIZI{LIN BUILDING INSP ' l 06/24/1997 08:40 4146795614 MU51EG0 PLANNING DPT PAGE 01 AQmolitlon Permit Survey Muskego Currently requires contractors to obtain a demolition or wroo;Ong permit to remove weeps in commercial buildings (regardless of If walls are bearing or not) and we frequently hear statements to the effect; "inks don't need to obeelo a permit fcw this 1n any Other community". To help us better gauge haw this Issue Is handled in other commurittles we have devised the following brief form to survey other area inspectors as to their poNdee. Thank you for taking the time to Complete the folbwing qu"bonnalre. Municipality fnepactor; ��5g v-w, t'I.tam M: y'?- - 4 D $ U YES, We do issue permits for 6=0116oa work in cotnmemiat KAtiap vWch afrects the removal of rwn-bairina walls in mtils, �t oetttea Lad caber eoma=W tmaet ep m. UM, We do am MVke a datmolition or outer similar permit fot the redoval of aan4wams +vans in MAU eh"PinB Centers end cater aommersial teaam BPNUS- Xi OTIMR, Out cammunity does not tit either of the catgmrl" shove, are beadle the remmml of non. bearips .vetle in ttaeJle, eboQplRS aeattlt>! end other comet mial e:mmt spaoa se follows: A Q4-a t 1 ThMka agaia for your aesietarroe in this regard. Demolition Permit Sum Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. �—, /.. ,> iI / .1 Municipality: Inspector: Phone #: 41/,006 — 25.3 —62c5_ ; ❑ YES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: e /;A Apr o Aj Inspector's � p "I ✓ d- /-� s f N Phone #: 37 5` 5-30 5 P�TS, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. Demolition Permit Surve Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: vim t A ! i✓ o,� f�2 �wi7 " L-L Inspector: c -) �C'�'tii SA a C-A Phone#`t- jsl-Z3- Z/ezv >QYES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. VILLAGE OF GREENDALE 6500 NORTHWAY • GREENDALE, WISCONSIN 53129-0257 (414) 423-2100 9 FAX (414) 423-2107 1 Please P ri nt or Type i APPLICATION FOR BUILDING PERMIT LOCATION PERMIT NO. (HOUSFOUILDING ADDRESS - STREET) Date Owner 19 - Lot/Building/Space No. Address _ Applicant's Name Phone No. Block No. Subd. Applicant's Address DILHR Cert. # TO THE BUILDING INSPECTOR: The undersigned hereby applies for a permit to do work herein described according to the plans and specifications herewith presented and hereby agrees that such work wilt be done in accordance with said description, plans, specifications and in compliance with the ordinances of the Village of Greendale and the laws of the State of Wiscvonsin relating to such work. THE UNDERSIGNED AGREES THAT SAID PREMISES WILL NOT BE OCCUPIED UNTIL AN OCCUPANCY PERMIT HAS BEEN DULY ISSUED. BUILDING IS: PERMIT TYPE: ❑ Residential ❑ Building - New ❑ Reroofing ❑ Foundation Repair 7 Other ❑ Commercial ❑ Building - Addn. ❑ Siding/Trim ❑ Fireplace ❑ Industrial ❑ Alteration ❑ Fence ❑ Grading/Filling Class of Construction ❑ Detached Garage ❑ Deck ❑ Demolition ❑ Storage Shed ❑ Pool ❑ Moving Estimated Cost $ Describe work to be performed: Building Size: (FEET WIDE) (FEET LONG) (SQUARE FEET IST FLOOR) {SQUARE FEET 2ND FLOOR) (HEIGHT) VOLUME CU FT i (GENERAL CONTRACTOR) (ARCHITECTIDESIGNER) iFLECTRICAL CONTRACTOR) (PLUMBING CONTRACTOR) (HEATIN&AIR CONDITIONING CONTRACTORi !BUILDING SEWERIWATER CONTRACTOR) NOTE: PLANS AND SPECIFICATIONS OFTHE ABOVE DESCRIBED WORK MUST ACCOMPANYTHIS APPLICATION. DOUBLE FEES SHALL BE CHARGED IF WORK IS STARTED BEFORE PERMIT IS ISSUED. (SIGNATURE OF OWNER) (SIGNATURE OF AGENT OR CONTRACTOR) DO NOT WRITE BELOW THIS LINE APPROVED BY THE BUILDING BOARD: DATE: APPROVED BY BUILDING INSPECTOR: DATE: DATE PAID RECEIPT NO. BUILDING PERMIT FEES: New, Additions, Alterations . .....$ Occupancy Permit ............. House Number ............... Reinspection Fee ............. . State Permit Seal .............. Wrecking/Razing .............. Erosion Control ........... 223.01 - TOTAL (BUILDING PERMIT) .....$ 229.70 - Plan Examination .............. 223.08 - Special Use Approval ........... TOTAL FEES . ........ ........ $ Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. - Municipality:e4-x i I 10,11 Inspector: Phone YES, We do issue permits for demolition work in commercial buildings which affects the removal of nen-bearin walls in malls, shopping centers and other commercial tenant spaces. g pp 0 NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. a OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. Demolition Permit Surve Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank yoy,for taking the time to complete the following questionnaire. Municipality: Inspector Phone #: z r. i t • 1 r ❑ YES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. OTHER, Our community does not fit either of the categories above, we handle the removal of non- ng walls in malls, shopping centers and other commercial tenant space as follows: again for your assistance in this regard. Demolition Permit Surve Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: LAIL Inspector:. Phone ##: %6 � - 6 Jay L r ❑ YES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. AS) OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: _jt L,1 a Thhanks again for your assistance in this regard. Demolition Permit Surve Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you f'oorrr Making the time to complete the following questionnaire. Municipality: 4, r`� o i= ! L-r A-5L( -� �T�� Inspector: . � 0� - I�UB64 Phone #: 4-14 - ZST - 2 Cps *S, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. )ATHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: a* Dt�wac crco,� �,� ,\,�L°� c nt 0, r S F r'T <! ,e, 0 i3 Thanks again for your assistance in this regard. Demolition Permit Surve Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality:_ C t T f C/-- I i 144 IA, &_ Inspector: ! ? a 6 L' N T J d�"—_ %J_!� & ✓ Phone #: C 3 6 ❑ YES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. "X' NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. Vp p,�7 4 6 v/ 4,471 vG I ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: C l-r `f a � ' C� 0.:k Inspector: Phone #: 4 t a—" 4-" — 34's- Z ❑ YES, We do issue permits for demolition work in commercial buildings which affects the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. XNO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. JUN 25 197 9:23 FROM CITY OF WAUKESHA PAGE.001 /1-1l1yy/ a'!J:114 41uor�7o114 it r I f Muskego currently requires oontractors to obtain a demolition or wrecking permit to remove wells; In comrnercial buildings (regardless of if wells are bearing or not) and we frequently hear statements to the effect: "We don't now to obtain a p&rmft for this In *my *Mae aammuni&H To help us better geuga how thla 6r+tm Ili irindleu! 111 A lut WmMunities we have detttsed the fbhowing brfef form to sunray other area inspectors as to their policies. Thank you for taking the dme to oornplete the following questionnaire. Munk ipatity:. Phaone 0:_. 5 a q - 3� 3a 0 Y M. We do issue pm ft ftr dowiition wot# in oommer W bniJ;dinp „gin affwb the removal of Moa-b sous = s81106 —b=: and odw oota WCW t=xn! VGML O NO, We do sot r+equim a demob or other si idu permit for the mmovsl of uon-beatiug wails in males sltappit oeasm and ocher caa mereial wmant . 0 O' 1WF Our cotseantuty does not fit eitls r of dw eshwo ies above, wa huxlk the rtmovsl of aon- bearing wills in entails, shopping 9mun and onion rotaraexaial taaamt space as follows: X%3 WF°L a VINS�r- I e� r.o0a-tla,a„wlrg 1.5 -r L i 3 j-..r- a q 6 042f4 r T-. =ia i` +k Vk 0 4SM \Ah cis 9E R o uU N vt 2 W V"' r b Ta �il<w u L?�r1► _ �' Ci t. + N �r �-� �4/`� I*� T+ s Cl r C r>.:. tit rj- C to e-cxp^s o c - r, T rr a� Ka wfi Ac1E s L sT $� r1_ %Oaa 'i'l w%k, again fnr your assimnoa its this regud. ** TOTAL PAGE_001 ** Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: 4 �L / Inspector; Phone#: P10 7 0/0 XJ YES, We do issue permits for demolition work in commercial buildings which affects the removal of p/y/ t Tnon-bearing walls in malls, shopping centers and other commercial tenant spaces. PiNO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not 6t either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: f: 1V*�6T )�42 Inspector: ?�* & Phone #: 1�0Zi " eA�4 YES, We do issue permits for demolition work in commercial buildings which affects the removal of -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: Thanks again for your assistance in this regard. Demolition Permit Survey Muskego currently requires contractors to obtain a demolition or wrecking permit to remove walls in commercial buildings (regardless of if walls are bearing or not) and we frequently hear statements to the effect: "We don't need to obtain a permit for this in any other community". To help us better gauge how this issue is handled in other communities we have devised the following brief form to survey other area inspectors as to their policies. Thank you for taking the time to complete the following questionnaire. Municipality: C1 (--r Inspector: ­2)�Clz & AA M o n.i S Phone #: 33)* ` S $ S, We do issue permits for demolition work in commercial buildings which affects the removal of no -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ NO, We do not require a demolition or other similar permit for the removal of non -bearing walls in malls, shopping centers and other commercial tenant spaces. ❑ OTHER, Our community does not fit either of the categories above, we handle the removal of non - bearing walls in malls, shopping centers and other commercial tenant space as follows: n1y�A rE\ls c e_oor'- Thanks again for your assistance in this regard. INDEPENDENT.INSPECTI Fax:414-544-8290 Jun 25 '97 7:52 P.01 f AV M"11490 "rr'entty requires conlrgrtors Id obtain a demolition or wre*t-ci remove walls In comrneiralal buildings (regardless of if wails are tseerin$ra nod d was iroquentlr hear statements 10 the effecat: "#% �•t need to ekbiefn a permit for this in •nY older';*MMun1V, To help us better gauge hors this issue is handfed in other totheir nities we have devised the foliowrrg.ief brlour+ to survey ottlCr t +spa tors as po toles, Thank you for Wking the time to complete they fdbrWng questionnalts. Maniaipa;iry: � taspeeeor. �� �7 , pteooe a►; � � "' $-ca '! �' /�-` �°'�` `� � IsE D -- C9 _ c C M We do WW P P m for damol itiaa warp is =NAWC av bulk6p wbkh affam ties n movsi of man- bums rralp fa tnW* rbappuu ca, WM And War comeaemW *mum opeow 0 NO. We do ON r qU'M a dam4ibca ar oflwt slather WELit far the MWvM of non4 grins walls in Wtb. sboppine omtus dad other oogeawvial learnt tp m. 40TH . Ow copse: =ty 40a net !1t either of die csoeeoria abave, we haadic the removal of non. barring wnlu in mauj, /boogie= 06um and other wmmmial uwmt jpaoa a follows: r�" l J bul— Tlw ks &pin for your anistmoo in this Rgalti. Post -it` Fax We 7871 "°"' to d" t FrO—M To Go�6e Go, Phone M Ptlonc k f f� Fax K El '"1 i F8K d r CHAPTER I. GENERAL SECTION 30.00 -- SCOPE The provision of THIS CODE shall govern the design, construction, alteration, repair, demolition, and moving of all buildings and structures within the CITY OF MUSKEGO, except that THIS CODE shall not apply to AGRICULTURAL BUILDINGS as defined by Chapter 30, Section 30.14 (3.5) other than farm residences. (Ord. #876 - 10/19/95) Section 30.01 --- TITLE These regulations shall be known and cited as "Municipal Building Code"; and shall be construed to secure their expressed intent and to ensure public safety, health and welfare insofar as they are dependent upon building construction. Section 30.02 -- APPLICATION OF "WISCONSIN ADMINISTRATIVE BUILDING AND HEATING, VENTILATING AND AIR CONDITIONING CODE." The Wisconsin Administrative Building and Heating, Ventilating and Air Condi- tioning Code, Chaps. IND. 50 through 57 and IND. 60 through 64, both inclusive and all amendments thereto are hereby made a part of THIS CODE by reference with respect to those classes of buildings to which such provisions apply. A copy of said code is on file in the office of the Municipal Clerk. Section 30.025 -- APPLICATION OF "WISCONSIN UNIFORM DWELLING CODE." (1.) The Wisconsin Uniform Dwelling Code, Chaps. 20 through 25, inclusive, and all amendments thereto, are hereby made a part of THIS CODE by reference and shall apply to all one and two family dwellings and alterations and additions thereto, the initial construction of which was commenced after the effective dates of the various Chapters of the Wisconsin Uniform Dwelling Code. A copy of said code is on file in the office of the Municipal Clerk. Section 30.03 -- APPLICATION OF "WISCONSIN UNIFORM BUILDING CODE." All buildings and structures hereafter erected, altered, repaired, moved or demolished that are used or designed to be used for the purpose herein defined shall comply in full with the requirements of THIS CODE. (1.) ZONING LAWS -- No provision of THIS CODE shall be construed to repeal, modify, or constitute an alternative to any lawful zoning regulations. (2.) NEW BUILDINGS -- The construction requirements of the Wisconsin Uniform Building Code shall apply to all buildings not covered under Sections 30.02 and 30.025. (3.) EXISTING BUILDINGS -- THIS CODE shall also apply to buildings and conditions described in this Section. CHAPTER II. BUILDING INSPECTOR AND PERMITS Section 30.04 -- BUILDING INSPECTOR There is hereby created the Department of Building Inspection. The Building Inspector appointed by the Municipality shall act as head of this department. (1.) DUTIES -- The Building Inspector is vested with the authority and responsibility to enforce all laws controlling safe building con- struction. He shall make periodic inspection of existing public buildings to determine their safety. He shall make inspections at the site of buildings damaged by any cause whatsoever to determine the safety of buildings affected thereby. (2.) RIGHTS -- The Building Inspector or his authorized agent shall have the power and authority at all reasonable hours, for any proper purpose, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for any building, plumbing, electrical or heating work being done or the required license therefor. No person shall interfere with or refuse to permit access to any such premises to the above described representatives of the municipality while in the performance of their duties. (3,) RECORDS -- There shall be kept in the Department of Building Inspection a record of all applications for building permits in a book for such purpose and each permit shall be regularly numbered in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all buildings in the various classes, shall be kept. There shall be kept in the Department of Building Inspection, a record of all inspections made, and of all removal and condemnation of buildings, and a record of all fees col- lected showing the date of their receipt. The Building Inspector shall make a written annual report to the governing body of the municipality relative to these matters. Section 30.05 -- PERMITS (1.) PERMITS REQUIRED -- No building or structure or any part thereof shall hereafter be built, enlarged, altered or demolished within the municipality or moved into, within or out of the municipality except as hereinafter provided, unless a permit therefor shall first be obtained by the owner or his agent from the Building Inspector. Permits required are as follows: (a.) Building (b.) Air conditioning "Section 30.38 (1) (B)" (c.) Wrecking or razing - 4 - (d.) Heating (e.) Moving of buildings (f.) Occupancy (g.) Reroofing and residing (h.) Other permits as required by governing municipality (2.) APPLICATION FOR PERMITS -- Application for a building permit shall be made in writing upon a blank form to be furnished by the Building Inspector and shall state the name and address of owner of the building and the owner of the land on which it is to be erected, the name and address of the designer, and shall set forth a legal description of the land on which the building is to be located, the location of the building, the house number thereof and such other information as the Building Inspector may require. With such application, there shall be submitted to the Building Inspector three (3) complete sets of plans, specifications and three (3) copies of a survey. (a.) survey -- The survey shall be prepared and certified by a surveyor registered by the State of Wisconsin; shall be made in no case prior to one (1) year prior to the issuance of a building permit; and shall bear the date of the survey. The certified survey shall also show the following: 1. Location and dimensions of all buildings on the lot, both existing and proposed. 2. Dimensions of the lot. 3. Dimensions showing all set -backs to all buildings on the lot. 4. Proposed grade of proposed structure, to city or village datum. 5. Grade of lot and of road opposite lot. b. Grade and set -back of adjacent buildings. If adjacent lot is vacant, submit elevation of nearest buildings on same side of road. 7. Type of monuments at each corner of lot. 8. Water courses or existing drainage ditches. 9. Seal and signature of surveyor. (b.) Plana and Specifications -- All plans shall be drawn to a scale not less than one-fourth {;) inch per foot, on paper or cloth in ink, or by some other process that will not fade or obliterate, and shall disclose the existing and proposed provisions for water supply, sanitary sewer connections and surface water drainage. All dimensions shall be accurately figured. Drawings that do not show all necessary detail shall be rejected. A com- plete set of plans for residential construction shall consist of: - 5 - CHAPTER III. DEFINITIONS SECTION 30.14 -- GENERAL FOR THE PURPOSE OF THIS CODE, the following words and phrases shall have the meanings assigned to them in this section. Words and phrases not herein otherwise defined, shall have the meanings accepted by common usage. (1.) ACCESSORY BUILDING - Accessory building means a detached building, not used as a dwelling unit but is incidental to that of the main building and which is located on the same lot. Accessory building does not mean farm building. (2.) ADDITION - Any new construction whereby an existing building or structure, or building or structure in course of construction, is increased in area, or cubical content. (3.) ADJOINING LOT LINE - The line between adjoining lots, plots of land, or parcels of land of different or same ownership. (3.5)AGRICULTURAL BUILDING - Agricultural Building means a building located on a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use (as defined by s.91.01(1), Wis. Stats., which during the year preceding, produced gross farm profits, as defined in s.71.58(4), Wis. Stats., of not Less than $6,000 or which, during the 3 years preceding, produced gross farm profits, as defined in s. 71.58(4), Wis. Stats., of not less than $18,000; or a parcel of 35 or more acres of which at least 35 acres are enrolled in the farmland preservation program. Note: In addition to the above criteria, commentary issued from time to time by DILHR may also be utilized when determining qualifications for Agricultural Building Exempt Status. (Ord. #876 - 10/19/95) (4.) ALLOWABLE STRESS- Allowable stress means the specified maximum permissible stress of a material expressed in load per unit area. (5.) Alley - A municipal right-of-way which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley. (6.) ALTERATION - Alteration means a substantial change or modification other than an addition or repair to a dwelling or to systems involved within a dwelling. (7.) APARTMENT - A room or suite of rooms which is occupied or which is intended or designed to be occupied by one family for living or sleeping purposes. (8.) APPROVED OR APPROVAL - Approved means an approval of the Department or its authorized representative. (Approval is not to be construed as an assumption of any legal responsibility for the design or construction of the dwelling or building component.) (9.) AREA - As applied to dimensions, means the maximum horizontal projected area of a building, structure, room, apartment or open space, not including overhangs. (10.)ATTIC - A space, not suitable for human occupancy, under the roof and above the ceiling of the topmost story of any building or part thereof. (11 }BALCONY A balcony is a landing or porch projecting from the wall of a building. M .)BASEMENT - Basement means that portion of a dwelling between floor and ceiling which is below or partly below and partly above grade but so located that the vertical distance from the grade to the floor below is more than the vertical distance from grade to ceiling. - 15 - 2. Whenever the continuance of any construction becomes dangerous to life or property. 3. Whenever there is any violation of any condition or provisions of the application for permit, or of the permit. 4, Whenever in the opinion of the Building Inspector there is inadequate supervision provided on the job site. 5. Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications, or certified lot or plot plan on which the issuance of the permit or approval was based. 6. whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of any new materials, equipment, methods of construction devices, or appliances. (b) The notice revoking a permit, certificate of occupancy, or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises, and his agent, if any, and on the person having charge of construction. (c) A revocation placard shall also be posted upon the building, structure, equipment, or premises in question by the Building Inspector. (d) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by THIS CODE, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of THIS CODE. (8) FEES Before receiving a building permit, the owner or his agent shall pay a fee as from time to time established by resolution of the Common Council and listed in Table #1. Such resolution shall remain on file with the City Clerk and in the office of the Building Inspector. In applying, the provisions of THIS CODE, in respect to new work, existing buildings, alterations and repairs, the physical value of the work shall be determined by the Building Inspector on the basis of current costs or as otherwise provided in the local ordinances. (Ord. #835 - 04-21-94) (9) MUNICIPAL PROJECTS. Fees are waived. (Ord. #835 - 04-21-94) (10) NO PERMITS TO VIOLATORS: Applicants having outstanding orders, notices, unpaid fees, relative to this Chapter or other Chapters enforced by the City shall not be issued any additional permits, prior to such orders, notices, or fees being corrected and/or paid to the inspection department's satisfaction. (Ord. #849 - 08-18-94) (a) Exception: The inspector or other authorized individual may issue permits to applicants with outstanding orders, notices, or unpaid fees, when the permit is required to comply with an outstanding order or notice. (Ord. #849 - 06-18-94) Section 30.06 - APPROVED PLANS (1) A weatherproof card signed by the Building Inspector indicating the permit has been issued shall be posted at the job site during construction. After issuance of a building permit, the approved plans shall not be altered unless any proposed change is first approved by the Building Inspector as conforming to the provisions of THIS CODE. - 8 - Section 30.47 -- IDENTIFICATION OF PRODUCTS All materials shall be identified by the approved label, the grade mark, the trade mark, or by other approved manufacturer's identification. Section 30.48 -- INVALIDITY OF PART If any section, subsection, paragraph, clause or provision of this code shall be adjudged invalid, such adjudication shall apply only to the provisions so ad- judged, and the rest of this Code shall remain valid and effective. Section 30.49 -- VIOLATIONS It shall be unlawful for any person to erect, use, occupy, or maintain any building or structure in violation of any provisions of this Code, or to cause, permit or suffer any such violations to be committed. Any person violating any of the pro- visions of this Code shall, upon conviction, be subject to a forfeiture of not less than One Dollar ($1.00) or more than Two Hundred Dollars (S200.00), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1) day or more than six (5) months or until such forfeiture and costs are paid. It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense. If, in any action, a permit was issued, it shall not constitute a defense, nor shall any error, oversight, or dereliction of duty on the part of the Building In- spector constitute a defense. Section 30.50 -- FAILURE TO OBTAIN PERMIT It shall be unlawful to commence work prior to obtaining a permit therefore. Penalty fees shall be charged when work is commenced prior to the issuance of a permit; said penalty fees shall be established by resolution of the Common Council and listed in Table #1. (ord. #835 - 04-21-94) - 75 - TABLE #1 Page 3 continued CITY OF MUSKEGO, SCHEDULE OF BUILDING PERMIT FEES W. Erosion control: 1.) 1 & 2 family lots 100.00 ea. 2.) 3 family and over a.) Base fee per building 150.00 ea. b.) Then add per 1000 sq.ft. of 5.00/1000 disturbed lot area. $2,000.00 maximum per building. 3.) Commercial, industrial, institutional a.) Base fee per building 150.00 ea. b.) Then add per 1000 sq.ft. of 5.00 ea. disturbed lot area. $2,000.00 maximum per building. 4.) Land disturbing permit (no const.) a.) Base fee 100.00 ea. b.) Then add for each acre over 4 acres 6.00 ea. 5.) Utility installations (annual permit) 200.00 ea. 6.) Other misc. small projects 30.00 ea. X. Permit reimbursement fee 30.00 ea. (no monies refunded if any inspections made) Y. *Failure to call for inspection 50.00 ea. Z. Inspections outside of normal hours/workdays 100.00 ea. Za. Re -inspection (after 1 follow-up) 30.00 ea. Zb. Minimum charge for any one permit 30.00 ea. Zc. ** Penalty fees *** ea. * FAILURE TO CALL FOR INSPECTION: An additional fee shall be assessed, as listed in the table above, when work covered, or new installation utilized prior to approved inspection. ** PENALTY FEES: A penalty, which amount shall equal three (3) times the applicable permit fee (min. $90), shall be paid when work is started prior to permit being issued. TABLE #1 Page 1 CITY OF MUSKEGO, SCHEDULE OF BUILDING PERMIT FEES ADOPTED JANUARY, 1997 A. Residential 1 & 2 family & attached garages, $ .20 sq.ft. new const. and additions, (see F. for alterations). B. Apartments 3 family and over, row houses, other .20 sq.ft. other multi family dwellings and institutional buildings with attached garages, new const. and additions, (see F. for alterations). C. Local business, commercial buildings, retail stores, .16 sq.ft. office buildings, hotels, restaurants, etc., new const. and additions, (see F. for alterations). D. Manufacturing facilities, industrial factories, .10 sq.ft. warehouses, new const. and additions, (OFFICES per C.), (see F. for alterations, EXCEPT OFFICE AREAS). E. Detached garages and other accessory structures, .10 sq.ft. new construction or additions, (see F. for alterations). F. Alterations, repairs, residing, re -roofing or other 7.00/$1000 work where sq.ft. cannot be calculated. Re -roofing $250.00 maximum per bldg. G. Foundation early start permit: (REQUIRES FINANCE COMMITTEE OR PUBLIC SAFETY APPROVAL) 1.) Multi family/commercial/industrial 200.00 ea. 2.) 1 & 2 Family dwellings 100.00 ea. H. Heating units, incinerators, fireplaces and other wood burning appliances: 1.) First 150,000 BTUs 30.00 ea. a.) Each additional 50,000 BTUs/fractn 10.00 ea. $750.00 maximum per unit. I. Air conditioning: 1.) First 36,000 BTUs or 3 TONS 30.00 ea. a.) Each additional 12,000 BTUs, 1 TON 10.00 ea. or fraction $750.00 maximum per unit. J. HVAC distribution systems: 1.) Each 100 sq.ft. of temperature controlled area, (minimum $25) 1.00 ea. K. Exhaust hoods and similar systems, comm. or ind. 50.00 ea. TABLE #1 Page 2 continued CITY OF MUSKEGO, SCHEDULE OF BUILDING PERMIT FEES 1recking or razing: fee may be waived if structure subject to condemnation) 1.) Base fee 30.00 ea. a.) Then add sq.ftg. charge (total area) .02 ea. NOTE: Fee not to exceed $250 maximum per bldg. loving building over public ways: 1.) Principal bldg. base fee 50.00 ea. a.) Then add sq.ftg. charge (total area) .03 ea. 2.) Accessory bldg. base fee 5.00 ea. a.) Then add sq. ftg. charge (total area) .03 ea. 'uel tanks, remove or install, (registration only) 30.00 ea. 'ode compliance inspections (1 follow-up insp. inc.) 75.00 ea. Ilan examination: 1.) 1 & 2 family new const. (includes living areas all levels & garage) a.) Base fee per building 75.00 ea. 2.) 3 family and over new const. a.) Base fee per building 75.00 ea. b.) Then add per dwelling unit 20.00 ea. 3.) Residential additions or alterations 40.00 ea. 4.) Accessory or agricultural over 240 sq.ft. 20.00 ea. 5.) Commercial, industrial: a.) New construction 150.00 ea. b.) Additions 100.00 ea. c.) Alterations over 1500 sq.ft. 100.00 ea. d.) Alterations under 1500 sq.ft. 50.00 ea. 6.) HVAC plans, commercial, industrial 30.00 ea. 7.) Decks (over 240 sq.ft.), swim pools 20.00 ea. gisconsin Uniform Permit seals 30.00 ea. louse numbers: 1.) Complete set 15.00 ea. 2.) Each individual letter 1.15 ea. 3.) Each frame (regardless of size) 1.93 ea. )ccupancy permit: 1.) Residential (per unit) 30.00 ea. 2.) Commercial, industrial, business 75.00 ea. Pools, above ground, in ground, spas, hot tubs 7.001$1000 ($30 minimum even if combined with deck) Decks 30.00 ea. Signs billed each sq.ft. face, (inc. base if new 1.00 ea. construction) w X Y Z Z Z Z a i t P 50.03 separated from the balance of the building by 2-hour construction. ILHR 10, the Flammable and Combustible Liquids Code, requires that the room be of 4-hour construction. Which code applies? Answer: The more restrictive requirement of ILHR 10 would apply in this case. Subchapter II -- Application of Building Code (1) NEW BUILDINGS AND ADDITIONS. The provisions of this code shall apply to all new buildings and structures, and also to additions to existing buildings and structures, except those indicated in s. ILHR 50.04. An addition is new construction which increases the volume of an existing structure. Additions can be horizontal or vertical. (2) ALTERATIONS TO BUILDINGS. The provisions of this code shall apply to all remodeling or alterations in any building or structure which affect the structural strength, fire hazard, exits, required natural lighting or replacement of major equipment. The provisions of this code shall apply to remodeling and alterations that effect efficiency as specified in s. ILHR 63.001. These provisions do not apply to minor repairs necessary for the maintenance of any building or structure nor to buildings exempt, as listed in s. ILHR 50.04. Alteration is work within an existing building which does not increase the volume of the existing building. Compliance with the code will be required in most cases since very little can be done in the form of alteration which will not affect the structural strength, fire hazard, exiting or natural lighting. Even new wall, floor and ceiling finishes are regulated by code, and affect fire hazard. Partition changes, either addition or removal, affect exiting. Although the code provisions will always apply, it may not be necessary to obtain state approval for the work. If a minor alteration project is contemplated, the local code officials should be contacted to determine if that local official will require state approval of the project prior to issuance of a building permit. (3) CHANGE OF USE. (a) If the use of an existing building or structure is changed in accordance with the definition of s. ILHR 51.01 (87), and the requirements for the new use are more stringent than those for the previous use, the building or structure shall be made to comply with the requirements for the new use as provided in this code. 1. Exception. Unless the requirements for the new use are modified subject to the written approval by the department. 2. Exception. An existing building undergoing a change of use shall comply with the accessibility requirements specified in s. ILHR 69.03 (3). ILHR 57.79 (4) specifies that if the change in use is to covered multifamily housing and the building i is remodeled or added to, the building shall comply with ILHR 57 Subchapter II. (b) If, upon inspection of an existing building or structure, it is found that its use has changed and that it does not comply with the requirements of the building code in effect at the time of -1997-50-4- 50.06 (1) This code shall not limit the power of cities, villages and towns to make, or enforce, additional or more stringent regulations, provided the regulations do not conflict with this code, or with any other rule of the department, or law. (2) EXCEPTION. Pursuant to s. 101.75 (2), Stats., all manufactured multifamily dwellings approved by the department shall be deemed to comply with the requirements of all building ordinances and regulations of any local government except those related to zoning and siting requirements including, but not limited to, building setback, side and rear yard requirements and property line requirements. Note: This exception applies only to those building elements and building parts covered under the provisions of s. ILHR 50.125 Wisconsin Insignia. The exception does not apply to on -site constructed elements such as, but not limited to, footings, foundations, attached porches, steps, concrete floor slabs and on -site constructed mechanical systems. Designers should always check with the municipal, town, and county authorities to determine if there are local ordinances which are more restrictive than the state building code. Except for manufactured multifamily dwellings, you may have to meet more restrictive or additional local requirements in the design of the building. Subchapter III -- Design and Supervision Every new building, or alteration to a building, shall be designed in compliance with this code. (1) Buildings containing not more than 50,000 cubic feet total volume. The plans and specifications for every new building, or alteration to a building, containing not more than 50,000 cubic feet total volume, or addition to a building in which the volume of the addition results in the entire building containing not more than 50,000 cubic feet total volume, may be prepared by a registered architect, engineer, designer, contractor or an authorized agent. (2) Buildings containing more than 50,000 cubic feet total volume. The plans and specifications for every new building, or alteration to a building, containing more than 50,000 cubic feet total volume, or addition to a building in which the volume of the addition results in the entire building containing more than 50,000 cubic feet total volume, shall be designed as follows: (a) Building or structural design. The plans and specifications for the design of the building or structure shall be prepared, signed and sealed by a Wisconsin registered architect or engineer. If the volume of the building exceeds 50, 000 cubic feet, a registered professional is required to sign and seal the submittal. The volume of the building is that volume which the building will have following completion of the proposed project. Although the building code implies that only the plans and specifications require a seal, the signing and sealing requirements of the Department of Regulation and Licensing are more encompassing and require seal, signature and date on all prepared documents. LN. Question 1: Please give a clear set ofguidelines for signing and sealing documents which are submitted to Buildings and Structures. Answer: The requirements for signing and sealing of documents as found both in the DILHR Administrative Code in the Wisconsin Statutes, and Administrative Code relating to Architects, -1997-50-10- Applicants Name CITY OF MUSKEGO BOARD OF APPEALS Appealing Administrative Decision Parkland Venture LLC / Arthur D. Dyer Petitioner's relationship to property (circle applicable): owner lessee other Sale Member Subject Property Address Telephone 679-7744 Parcel Zoning: ~y Ic�PD Tax Key #MSKC 2198--984 Fee: $195.00 Appeal Administrative decision regarding: I ) Requirc.rfiant for wreckinpermit 2) Imposed triple penalty for not IDUlling wreck' n_permit. Code enforcers name: Mr. Chuck Dykstra Reason decision regarding section 30.05 (1) (c) is incorrect or improperly interpreted: In this instance building code was arbitrarily and capriciously enforce d(city code has no written definition No plumbing or structural walls were removed. Condition of premiss was an e.) immediat Names & a,`t known addresses of the last fee owners of record of all lan 'ithin 100 feet of any part of the proposed building or premises. (Exclusion of any property owner is sufficient grounds for denial or reversal of decision.) This page may be copied if additional spaces are required.