Zoning Board of Appeals 18-1996-� CITY OF
MUSKEGO
f7c�
July 3, 1996
Mr. and Mrs. Steve Findley
W186 S9159 Racine Avenue
Muskego, WI 5310
Dear Mr. and Mrs. Findley:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your appeal #18-96 was
approved for a variance for a 1,620 square foot building, built
without concrete floor (as long as it is used to house animals) and
constructed without a firewall.
Please be advised a building permit is required prior to commencing
work on your property.
Sincerely,
l
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue * Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
AMENDED 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 Muskego Room
at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M.,
Thursday, June 27, 1996, to consider the following petitions for
appeals to the Zoning Ordinance of the City of Muskego:
NEW BUSINESS
Appeal # 16-96
Cyril and Holly Stendel
S64 WISS88 School Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section. 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
minimum 9 foot offset. Petitioner seeks a six (6) foot
variance to permit a detached garage located three (3)
feet from the lot eastern property line.
Zoned: RS-3/OED, 15,000 S.F. Suburban Residence
District in an Existing Development
Appeal # 17-96
Randy and Shirley Reinke
W148 S6560 Brookside 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: Sections 4.05 (2) C.4
Accessory Uses and Structures: Permanent Structures.
Said regulation restricts the size of a detached garage
to no more than 60% of the floor area of the principal
building on the lot. Petitioner seeks 6.0% (77 s.f.)
size variance to expand a garage to 66% (850 s.f.) of
the total floor area of the principal building.
2. Chapter 30--Building Code: W.U.B.C. Chapter XI,
Section 30.43 (3): Garages: Area (Firewall Section).
Said section sets the maximum size of wood or metal
frame constructed garages at 720 square feet.
Petitioner seeks a one firewall variance to permit
construction of a 850 square foot detached garage
structure.
BOA 06/27/96
Page 2
Zoned: RS-1, 20,000 S.F. Suburban Residence District
Appeal # 18-96
Steven and Kathleen Findley
W186 S9159 Racine Avenue
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks four (4) variances:
1. Chapter 17--Zoning Ordinance: Sections 8.01 (7) B.2
Individual District Regulations: Permitted Accessory
Uses. Said regulations limits the size of all accessory
buildings to 1% of the total lot area. Petitioner seeks
a 614 square foot variance to construct a 1,620
accessory structure.
2. Chapter 30--Building Code: W.U.B.C. Chapter XI,
Section 30.43 (4): Garages: General Requirements.
Said section requires all detached private garages to be
built with a concrete floor of at least four (4) inches
in thickness or a continuous floating slab of reinforced
concrete not less than four (4) inches in thickness.
Petitioner seeks not to install a concrete floor or slab.
3. Chapter 30--Building Code: W.U.B.C. Chapter XI,
Section 30.43 (3): Garages: Area (Firewall Section)
Said section sets the maximum size of wood or metal
frame constructed garages at 720 square feet.
Petitioner seeks a two firewall variances to permit
construction of a 1,620 square foot detached garage
structure.
4. Chapter 17--Zoning Ordinances: Sections 5.03 (1)
Height. Said regulation restricts the height of
accessory structures to 15 feet. Petitioner seeks a
five (5) foot height variance to build a 20 foot high
accessory structure.
Zoned: R-1, 80,000 S.F. Country Home District
Appeal # 19 - 9 6
Dennis J. Rau
S110 W20424 South Denoon Road
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks three (3) variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4
Accessory Uses and Structures: Permanent Structures.
Said regulation restricts the size of a detached garage
to no more than 60% of the floor area of the principal
BOA 06/27/96
Page 3
building on the lot. Petitioner seeks 18.0% (198 s.f.)
size variance to build a second accessory structure (20'
X 36') which will total 78.0% (860 s.f.) of the total
floor area of the principal building.
2. Chapter 17--Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 9.1 feet from the eastern
property line. Petitioner seeks a 6.1 foot offset
variance to build an accessory structure.
3. Chapter 17--Zoning Ordinances: Sections 5.03 (1)
Height. Said regulation restricts the height of
accessory structures to 15 feet. Petitioner seeks a 6.5
foot height variance to build a 21.5 foot high accessory
structure.
Zoned: RS-2/OLS, 20,000 S.F. Suburban Residence
District in a Lake Shore District
Appeal # 20-96
Linda Sulla and Ted Erickson
W188 S7580 Oak Grove Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks four (4) variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4
Accessory Uses and Structures: Permanent Structures.
Said regulation restricts the size of a detached garage
to no more than 60% of the floor area of the principal
building on the lot. Petitioner seeks 8.5% (67 s.f.)
size variance to build a second accessory structure (20'
X 26') which will total 68.5% (536 s.f.) of the total
floor area of the principal building.
2. Chapter 17---Zoning Ordinance: Sections 5.02 (1)
Building Location: Location Restricted. Said
regulation restricts the setback of any structure to 25
feet and the offset of any structure of 3.4 feet.
Petitioner seeks a 24 foot setback variance and a 2.4
foot offset variance to build an accessory structure.
3. Chapter 17--Zoning Ordinance: Sections 4.05 (2) E
Accessory Uses and Structures: Permanent Structures.
Said regulation restricts the offset of any paved
surface to three (3) feet from a neighboring property
line. Petitioner seeks a two (2) foot variance to place
a garage one (1) foot from the northern property line.
Zoned: RS-3/OLS, 15,000 S.F. Suburban Residence
District in a Lake Shore District
4. Chapter 17--Zoning Ordinances: Sections 5.03 (1)
Height. Said regulation restricts the height of
BOA 06/27/96
Page 4
accessory structures to 15 feet. Petitioner seeks a two
(2) foot height variance to build a 17 foot high
accessory structure.
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. All interested parties will be given an
opportunity to be heard.
Board of Appeals
City of Muskego
Terry O'Neil, Chairman
Dated this 14th day of June, 1996
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 aide and services. For additional information or to request this service,
contact Joan K. Marenda, City Clerk, at Muskego City Hall, 679-5525.
Also, Hoard of Appeals members may conduct site visits for informational purposes.
BOA 05/23/96
Page 2
Mr. Trejo described the zoning as a RS-1, 20,000 S.F. Suburban
Residence District.
Mr. Schepp administered an oath to Mr. and Mrs. Reinke.
Mr. Reinke explained they wish to add 14 feet to their current
garage and change the gable on roof to accommodate the new roof.
The lot is large, meeting RS-1 standards, however, many of the
homes in the area are smaller than the district minimum. The
hardship cited was the need for additional storage and the
existing foot print of the home limiting them to only 60% of the
floor area when the lots size is over 30,000 square feet.
Appeal # 18-96 Steven and Kathleen Findley, W186 59159 Racine
Avenue Muskego. REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks four (4) variances:
1. Chapter 17--Zoning ordinance: Sections 8.01 (7) B.2 Individual
District Regulations: Permitted Accessory Uses. Said regulations
limits the size of all accessory buildings to 1% of the total lot
area. Petitioner seeks a 614 square foot variance to construct a
1,620 accessory structure.
2. Chapter 30--BuildingCode: W.U.B.C. Chapter XI, Section 30.43
(4): Garages: General Requirements. Said section requires all
detached private garages to be built with a concrete floor of at
least four (4) inches in thickness or a continuous floating slab
of reinforced concrete not less than four (4) inches in
thickness. Petitioner seeks not to install a concrete floor or
slab.
3. Chapter 30--Building_Code: W.U.B.C. Chapter XI, Section 30.43
(3): Garages: Area (Firewall Section). Said section sets the
maximum size of wood or metal frame constructed garages at 720
square feet. Petitioner seeks a two firewall variances to permit
construction of a 1,620 square foot detached garage structure.
4. Chapter 17--Zoning Ordinances: Sections 5.03 (1) Height. Said
regulation restricts the height of accessory structures to 15
feet. Petitioner seeks a five (5) foot height variance to build a
20 foot high accessory structure.
Mr. Trejo explained the zoning as being R-1, 80,000 S.F. Country
Home District. He also told the Board, that the request for a
variance on the height was no longer necessary, due to the fact
that the petitioner's lot exceeded 120,000 square feet, allowing
for 25 foot accessory structures. Mr. Trejo also explained to the
Board that the Plan Commission has given approval to the use of
the structure and its permitted size by code.
Mr. Schepp administered an oath to Mr. and Mrs. Findley.
Mr. Findley explained Plan Commission approved a 1,006 square foot
accessory structure. Mr. Findley explained they have four horses
and need the extra space 614 square feet to house these animals.
Mrs. Findley produced statements from veterinarians stating
BOA 05/23/96
Page 4
setback of any structure to 25 feet and the offset of any
structure of 3.4 feet. Petitioner seeks a 24 foot setback
variance and a 2.4 foot offset variance to build an accessory
structure.
3. Chapter 17--Zoningordinance: Sections 4.05 (2) E Accessory
Uses and Structures: Permanent Structures. Said regulation
restricts the offset of any paved surface to three (3) feet from a
neighboring property line. Petitioner seeks a two (2) foot
variance to place a garage one (1) foot from the northern property
line.
4. Chapter 17--Zoning Ordinances: Sections 5.03 (1) Height. Said
regulation restricts the height of accessory structures to 15
feet. Petitioner seeks a two (2) foot height variance to build a
17 foot high accessory structure.
Mr. Trejo explained zoning as being RS-3/OLS, 15,000 S.E. Suburban
Residence District in a Lake Shore District.
Dan Schepp administered an oath to Ms. Sulla and Mr. Erickson.
Ms. Sulla described the lot and the only location available to
build a garage. They currently do not have a garage, and they are
in need of storage. The garage will be built to match the home.
*DELIBERATIONS
APPEAL #16-96 Cyril and Holly Stendel, S64 W18888 School Drive.
Mr. Schneiker made a motion to grant the appeal as requested. The
hard ship being the narrowness of the lot, the grade change behind
the home, and the location of the existing structure. The request
would not be harmful or jeopardize public safety or welfare and
would be compatible with the surrounding character of the
neighborhood. Mrs. Schuster seconded. Upon roll call vote, the
motion to grant the variance was approved unanimously.
APPEAL #17-96 Randy and Shirley Reinke, W148 S6560 Brookside
Drive, Mr. Dan Schepp made a motion to grant the variance as
requested. The hardship being the house is undersized for the
lot, the preexisting structure, and lack of storage. The request
would not be harmful or jeopardize public safety or welfare and
would be compatible with the surrounding character of the
neighborhood. Mr. Herda seconded. Upon roll call vote, the
motion to grant the variance was approved unanimously.
APPEAL #18-96 Steven and Kathleen Findley, W186 S9159 Racine
Avenue. Mrs. Schuster made a motion to grant the variance as
follows: Allowing a variance for a 1,620 square foot structre to
be constructed to house animals to be built without a concrete
floor as long as it continues for this use. The variance allows
the structure to be built without a firewall. The request would
not be harmful or jeopardize public safety or welfare and would be
BOA 05/23/96
Page 5
compaible with the surrounding character of the neighborhood. The
request for a height variance was not addressed as it was no
longer deemed necessary. Mr. Brandt seconded. Upon roll call
vote, the motion passed unanimously.
APPEAL #19-96 Dennis J. Rau, S110 W20424 South Denoon Road.
Mr. Schepp made a motion to grant a size variance due to the
narrowness of the lot, the lack of storage, and topography
concerns. The request for a height varinace was denied due to
lack of hardship. Such variances will be within the spirit of the
zoning ordinance, will not jeopardize public safety or welfare,
and would maintain the character of the general area. Mr.
Schneiker seconded. Upon roll call vote, the motion was accepted
unanimously.
APPEAL #20--95 Linda Sulla and Ted Erickson, W188 S7580 Oak Grove
Drive. Mr. Schneiker made a motion to grant a variance as to
build a 536 square foot garage granting a 24 foot setback varinace
and a 2.4 foot offset variance, one foot from the nothern lot
line, due to the irregular shaped lot, lack of another suitable
location, and the preexisting location of the primary structure.
The variances will be within the spirit of the zoning ordinance,
will not jeopardize public safety or welfare, and would maintain
the character of the general area. The request for a 2 foot
height variance was denied due to the lack of hardship. Mr. Herda
seconded. Upon roll call vote, the motion was approved
unanimously.
ADJOURNMENT: Mr. Herda made a motion to adjourn. Ms. Schuster
seconded. With no further business to come before the Commission,
the meeting was adjourned at 10:30 P.M. Motion carried.
Respectfully submitted,
Susan J. Sc oeder
a
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name Cr�7��%pi7%j�Pi7
Subject Proper��t7y Address:c�9/5qC'//Zl' t71.�!%GAS
Telephone CD/9�
Property Zoning .1. Key #
Petitioner's relationship to property (circle applicable):
owner lessee
Fees: $125.00
Date inspector denied permit:
other
Requesting variance to Section
To allow:
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A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
The=nce, if granted, will not adversely affect public safety
o edize public welfare because:
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I L"e Wu3keqO Lake
April25, 1996
Plan Commission
RE: Building Permit
Checklist for Architectural Approval Second Garage Structure
C. Description of materials used for construction and purpose of structure.
Materials: Wood, sheet metal
Purpose: To house horses, horse equipment, horse trailer
D. The name, address, and telephone number of the owner.
Steven R. and Kathleen M. Findley
W 186 S9159 Racine Avenue
Muskego, WI 53150
414-679-7662
E. Address of Property
Same as above
I HAVE NO OBJECTIONS TO THE PROPOSED BUILDING
(ANIMAL BARN) AND SURROUNDING FENCES THAT WILL
HOUSE 3 HORSES AND I PONY, HORSE TRAILER AND OTHER
EQUIPMENT AND SUPPLIES NECESSARY TO SUSTAIN THE
HORSES LOCATED ON THE PROPERTY OF:
STEVEN R. AND KATHLEEN M. FINDLEY OF
W186 S9159 RACINE AVENUE, MUSKEGO, WI 53150.
I AM A NEIGHBOR NEAR THE SUBJECT PROPERTY:
le - 0 no+ bc a-�ffd
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MUSKEGO ZONING
JUN 26 '96 23:01 WAUKESHA LARGE ANIMAL HOSPITAL .1
MERTON VETERINARY CLINIC 111 MINFU
liumKI,
28626 Sussex Rd., Merton, W1 53056- (414) 538.1280 • Fax (414) 538-4294 •'"
Robert J. Downing D.V.M.
Kaye H. Midtling D.V.M.
June 23, 19g6
To whom it may concern:
I do not recommend concrete floors for horse stalls. Concrete
floors tend to be cold and slippery in winter and require more
bedding. There is an increased incidence of foot and leg problems
if horses are forced to stand an a hard unforgiving surface such as
concrete.
Sincerely.
Drop Off Service - Preventive Medicine - Dentistry - Surgery - Radiology a Boarding a Grooming
GENE M. COOK
Horseshoeing Service
5216 County Trunk V
Franksville, Wisconsin 53126
STATEMENT
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PLEASE RETURN THIS STUB WITH YOUR REMITTANCE. YOUR CANCELLED CHECX IS YOUR RECEIPT. $
�� DESCRIPTION ��
MUSKEGO BARN LISTINGS
MARY MILBRATH, PARKER, 679-8896
10 ACRES, 30X35 MENARDS BUILDING, NO CEMENT (3 YEARS OLD)-,
FOR SALE, S 107 W 17155 MUSKEGO DAM ROAD, 427-4865
3.19 ACRES, 30X45 BUILDING, NO CEMENT
GEORGETTE & CHRIS, W 187 S9222 RACINE AVE., 679-3365
5 ACRES, MENARDS BUILDING, NO CEMENT
GEORGE AND SANE SONNENTAG, SWING S STABLES,
S 106 W 16105 LOOMIS DR, 425-6485
LARGE HORSE BOARDING FACILITY, NO CEMENT
PETER HECK AND LISA LEONARD HECK, BREEZEWOOD FARMS
S87 W13205 PRIEGEL DRIVE, 425-2276
LARGE HORSE BOARDING FACILITY, NO CEMENT
NORTH CAPE FARMS, CHRIS,
W 126 S8662 NORTH CAPE ROAD, 425-8953
LARGE HORSE BOARDING FACILITY, NO CEMENT
BARBER'S BIT OF BALKIN RANCH
S 102 W 15746 HEINRICH DRIVE, 425-7778
HAY RIDES, BOARDING, NO CEMENT
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