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Zoning Board of Appeals 19-1994city of wul/?ev�o AUGUST 2, 1994 Mr. and Mrs. Larry Sutton W187 S6974 Gold Drive Muskego, WY 53150 RE: W187 S6974 Gold Drive Dear Mr. and Mrs. Sutton: BUILDING INSPECTION DEPARTMENT W182 S8200 RACINE AVENUE • BOX 903 • MIUSKEGO, WI 531 50-0903 • (414) 679-4110 The Board of Appeals wishes to advise you that your request to allow the construction of a new 768 square foot garage has been granted at the location requested. Please be advised that a building permit is required prior to any construction. Sincerely, BOARD OF APPEALS C, S ��F S Susan J. Schroeder Recording Secretary CC: Chairman Pionek billy O/ Jine A-4idenLial, ✓nClu.%Iria[ and /<ecrealionr4 _?acililie.1 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING ON JULY 28, 1994. PRESENT: Chairman Donald Pionek, Mr. Terry O'Neil, Mr. Dave Warhanek, Mr. Henry Schneiker, Mr. Dan Schepp, and Mr. Matt Sadowski. ABSENT: Excused absent were Mr. Darryl Rowinski and Mr. Gerald Fohr. MINUTES: Mr. Schepp made the motion to approve the June 23, 1994, minutes with correction. Mr. Warhanek seconded. Upon voice vote, the motion to adopt the minutes passed unanimously as amended. Mr. O'Neil made the motion to approve the minutes from the Special Board of Appeals meeting on July 27, 1994 with one correction. Mr. Pionek seconded, upon voice vote, motion to adopt the minutes passed unanimously as amended. APPEAL 19-94 - Larry Sutton, W Wisconsin. Chairman Pionek rea 1)Requesting a variance from S requires that detached accesso 60% of principal dwelling floo construction of a garage which detached accessory structures variance from Sections 17:8.08 251street side setback. To all garage 1818" from base setback from Sections 17:5.02(3)A.1., require a side yard offset of new garage 3' from the north 1 from Section 30.43(3.)(c.), wh frame garage to 720 sq ft. To garage 768 sq ft. Mr. O'Neil Sutton. Mr. Matt Sadowski exp this DroDerty and the meaninq L87 56974 Gold Drive, Musxego, i the appeal for Mr. Sutton ?ction 17:4.05(2)C.4., which :y structures total no more than area (712 sq ft). To allow the would bring the total on site �o 888 sq ft. 2)Requesting a :3) & 17:9.04(3), which require a )w the construction of a new line. 3)Requesting a variance L7:8.08(3) & 17:9.04(3), which i'. To allow the construction of a )t line. 4)Requesting a variance Lch limits the size of a detached allow the construction of a new administered the oath to Mr. Lained to the Board the zoning on )f the OLS overlay. Mr. Sutton informed the Board that eight of his neignoors signea a iezzer stating they have no objection to the proposed garage nor its placement. Mr. Pionek asked if the shed is up yet. Mr. Sutton stated he has received his permit for this structure, however, he has not built it. Mr. Sutton explained his residence is an "A" frame with no attic, the basement is merely a crawl space. The proposed location of this garage would be approximately 79 feet from his neighbor's garage. Mr. Terry O'Neil asked about the removal of trees. Mr. Sutton stated two box elders and one small cedar will have to be removed. The well can still be serviced, it will not be a straight shot, but it can be done without going on the neighbor's property. Board of Appeals July 28, 1994 Page 2 APPEAL #20-94 - The Shop, Inc., c/o Mr. H. James Jaeger, S83 W19012 Saturn Drive, Muskego, Wisconsin. Chairman Pionek read the appeal requesting 1) a variance from Section 17:8.15(3) requirement of a 50' street side setback. To allow the construction of a new truck repair facility 16' from base setback line. Mr. Jaeger came forth with his business partner, Larry Rummel. Mr. O'Neil administered an oath to both gentlemen. Mr. Sadowski explained the setback requirements in the I1 district. Mr. Sadowski stated that Planning Commission in Resolution PC142-94 granted building, site and operation plan approval pending the Board of Appeal granting a variance, if not granted, The Shop will have to return to the Plan Commission and resubmit for approval. Mr. Jaeger stated the building will be located on the northwest side of the lot, with parking on the east side uniformly out of sight. He proposed future expansion to the south. Mr. Pionek questioned if The Shop will be working on trucks other than their own. The reply was mostly their own and some outside work. The reason they can not position the building the other way is they have 14 foot overhead doors and the snow would pile up in the winter. It was discussed the variance granted to the building across the street and the fact the building would fit on the property if not for the cul-de-sac. The question was asked if the City ever intends to remove the cul-de-sac and make this a through street. Mr. Sadowski stated there are wetlands on the other side of Saturn, making it not feasible. APPEAL #21-94 - Mr. Keith Flintrop, W179 S6733 Muskego Drive, Muskego, Wisconsin. Chairman Pionek read the appeal requesting 1) Requesting a variance from Sections17:5.02(3)A.1., 17:8.08(3) & 17:9.04(3), which require a side yard offset of 51. To allow the construction of a new garage 3'10" from the north lot line. 2) Requesting a variance from Sections 17:8.08(3) & 17:9.04(3) which require a 25' street side setback. To allow a new garage to be constructed 812" from the base setback line. Mr. O'Neil administered the oath to Mr. Flintrop. Mr. Sadowski stated this zoning is the same as Mr. Sutton's, an OLS overlay. Mr. Flintrop explained to the Board that this is a replacement garage, his current garage 20' by 20' was built in 1938 and not in code. The new garage will be 2' deeper (toward the house) and 4' wider (toward the center of the property). If the garage were built within the proper setbacks, it would be 5' into the house. Mr. Shepp questioned the location of the utilities, Mr. Flintrop stated currently there is no complications, however, if the garage were moved into the proper location there could be problems. Mr. Flintrop stated he has obtained a permit to remove the current garage. Mr. Flintrop prepared a statement signed by eleven of his close neighbors. Board of Appeals July 28, 1994 Page 3 DELIBERATION OF APPEALS APPEAL # 20-94 - THE SHOP, INC., C/O MR. H. JAMES JAEGER, S83 W19012 Saturn Drive, Muskego, Wisconsin. Mr. Dan Schepp made the motion to approve the appeal as stated, hardship being the irregular shape of the lot and the extreme length of the equipment on the lot. Plan Commission has granted tentative approval of building, site and operation plan. Mr. Terry O'Neil seconded motion. Upon roll call vote Mr. Pionek, Mr. O'Neil, Mr. Schepp voted yes. Mr. Warhanek and Mr. Schneiker voted no. Motion failed. After further discussion, Mr. Schepp made the motion to approve the the appeal as stated. Mr. O'Neil seconded. Upon roll call vote, motion passed unanimously. Appeal 21-94 - Mr. Keith J. Flintrop, W179 S6733 Muskego Drive, Muskego, Wisconsin. Mr. Terry O'Neil made the motion to allow the variance for a replacement garage. Hardship being the pre existing noncomforming lot. This appeal is not adverse to public safety, nor contrary to public interest. Mr. Henry Schneiker seconded the motion. Upon roll call vote, motion passed unanimously. Appeal 19-94 - Mr. Larry Sutton, W187 S6974 Gold Drive, Muskego, Wisconsin. Chairman Don Pionek made the motion to approve the appeal as requested due to lack of storage, topography of the land and the fact this will not be any closer to the street than the current garage. The firewall requirement is a hardship in itself, not appropriate since there are no other structures near this garage. Mr. Dave Warhanek seconded, upon roll call vote, motion passed unanimously. Adjournment There being no further business, Mr. Schepp made the motion to adjourn and Mr. Warhanek seconded. Upon a voice vote the motion to adjourn passed unanimously. The meeting was adjourned at 8:35 P.M. Respectfully submmit ed, a�-4C3 �-- J �--� 0 Susan J. Schroeder Recording Secretary CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name flR�� S U �'f O r� Subject Property Address: _W ] 1 S 69 -7 4 Gn U I K Telephone 0 91- )330 Property Zoning: Key Me, 1CC -1s 9?� Petitioner's relationship to property (circle applicable): ownerlessee other Fees: $80.00 Date inspector denied permit: Requesting variance to Section To allow: A;a") A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: -�� ar�-7 E OALL i Z ha q.,C 'S i, Z t? ��s>N QGC,N4S nv SE i I f' A V_ S -It N C1v t 'rI —,f- C— A v 11 I The variance, if granted, will not be contrary to the public interest and will be -in accord with the spirit of the code because: tii S PT . S� 41 e n A t - s4riL ,R 1ti The variance, if granted, will .not adversely affect public safety or jeopardize publicwelfarebecause: �l�V V 4�1�5 YJ1 L=� ��LLSS �Qlr L� Mlt'�� �"�� V ���\ (,LL�S -f 0 f c-C_YSS AC, Zn RA Page 1 of 2 TXTFORM_$OAVAR 4— 9— 93 Attachments: 1. Application for Variance 2. Further explanation of variance request and hardships 3. New plat with seal 4. Neighbors signatures 5. Shed permit 6. Application for building permit for garage 7. Inspection progress report 8. Photographs of property 4 July 28, 1994 SUBJECT: Request for variance to build a 24 ft. X 32 ft. garage at W187 S6974 Gold Dr. for Larry and Linda Sutton. Please consider the following variance request information: 1.) Square footage variance request; -Lot is a 50 ft wide 450 deep lake lot. -Current code allows 60% of primary residence footprint for outbuildings. Home footprint = --1186 sq ft X 60%=712 sq. ft allowed for outbuildings. 24 ft. X 32 ft. garage = 768 sq ft. 10 ft. X 32 ft. utility shed= 120 sq. ft. (have current permit for shed) Total outbuilding requested 888 sq. ft. Less total outbuilding allowed 712 sq. ft. Sq. ft. Variance request for 176 sq. ft Hardship: a.) Current home does not have a basement or an attic conducive to storage. Extra sq. footage would assist in storage of normal items. b.) Currently have three cars, pontoon, fishing boat, and trailer. Variance would allow more inside storage for this property, instead of clutter outside. c.) I have removed an old outhouse shown on current plat (about 5 ft. X 5 ft.) 2.) Plat shows current garage is too close to the street. Variance request to keep front (West side) of garage same as current garage. Hardship: a.) Plat on file is incorrect. Attached find current plat with legible state seal. On -File plat shows garage almost at street level. West edge of garage is actually 39 ft. from the edge of the street pavement. (35.5 ft. from center line of culvert) b.) To move garage further back (East 10-12 ft.) would require removal of mature maple trees. c.) To move garage further back (East 20-30 ft.) would require removal of mature oak tree. d.) To move garage East to house (East about 250 ft. or anywhere in between current location and house) would require major yard work because of the lay of the land, rerouting of all underground utilities, and a new driveway. 3.) Current 50 ft. lot restrictions require calculation which dictate garage to be built 5ft. 1 inch from lot line. Variance request to build garage 3 ft. from North line (Same as utility shed). Hardship; a.) 5 ft. 1 inch restriction imposes unnecessary restriction on South access to property. Variance request allows 3 ft.from North property line, 32 ft. garage, and a 15 ft access to home on South side of garage. b.) Closest neighboring building is North neighboring garage 79 ft East of my garage's east side, and about 15 ft. North of lot line. c.) Current location of garage (North 1 South) puts garage at lowest part of property. Water and mud runs through garage to neighbors property to South and accumulates in garage. This also has rotted the wooden door and frames. Requested location (3 ft from North lot line) places garage at highest part of property and provides a positive slope to the street culvert for run-off. 4.) Current code calls for a fire wall between two -car and single -car portion of the garage. Hardship; a.) Request exemption from this requirement since it requires unnecessary extra cost to comply. Other items: I have discussed this with six of the eight neighbors that were sent notices. They have signed attached sheet voicing no objection to variances listed. Two neighbors could not be reached after several attempts to talk to them. I have attached ten (10) pictures of property showing current conditions and landmarks for proposed variance. Larry and LInda Sutton W 187 S6974 Gold Dr. Ph: 679-1330f C4) The undersigned neighbors have no objection to Mr. Larry Sutton, removing the current garage and erecting a new garage at W 187 56974 Gold Dr, per his variance request presented July 28, 1994. The variance request is to; 1. Allow the garage to be 3Ft from the North lot line instead of 5ft. 1 in per current city code. 2. Allow the frontage line (the west side) of the new garage to be the same as the current garage, which current city code states is about 10 ft too close to the street. 3. Allow building a 24 ft X 32 ft 3 car garage, which exceeds current code allocation based on the current square footage of the primary residency - This garage would be built by J. D. Griffiths Co. and would look similar to the attached sketch. tom' Name ' Name Address ell � Address Phone Phone Name Address Phone -� o Name Address izv Ism 5h"ao 6o-_0 RI?. Phone � ��•��- t,, �� Name P Name Address,l �7�ddress Phone -v � 7 ? Z— Phone ` Name J ` Name Address Address Phone 7 Phone GARAGES, DOORS, OPENERS J.D. GRIFFITHS CO., INC. 840-1 WEST CALUMET ROAD MILWAUKEE, WISCONSIN 53224 TELEPHONE: (414) 353-4411 FAX: (414) 362-7226 F` ERAL CONTRA NTRACT y �F yid 1+ �RS : 6 6h Phone 353-4411 E. 4 =THM IS AGREEENT,'made thi _s 'hYC/ day Of tween J. D. GRIFFITHS CO., INC hereinafter called Contractor, and��� UTl --•-• hereinafter called Owners.'WITNESSETH: That for the consideration hereinafter expressed the parties agree as follows: Contractor agrees tQ. furnish all labor 'and matenal to a Mc 'a garage according to specifications as listedsa elorw on property known as in Zi home phone — work pho Owner agrees to piy-to.Gaptractorforr said worls� Dollars t$ lZz , ) as follows: 1"$_a "' deposit upon signing of tts agreement, receipt of which is hereby acknowledged. (plus fill charged at per yard and retaining walls in excess of standard 6" charged at rate of per square toot if needed. Contract price includes yOj/1i5 /i2T��f' } to be paid on completion of concrete worltind before lumber delivery. 3. Balance of $_:rr �OO to be paid within 7 days after receipt of notice from Contractor that said work has been completed and is due and payable at the office of the contractor. A charge of 11/2% per month shall be added to all amounts from due date. Owner warrants that he is owner in fee of the above described property. Owner agrees to designate location of garage and assumes responsibility for any encroachments, for any violations of any deed or building restrictions and zoning or other municipal ordinances. Only the following written specifications shall be binding on the Contractor. Contractor will not be liable for damage caused by customary entry or exit of trucks at job site. Any excavating, filling or backfilling, or hauling of ground, debris, etc., or landscaping work will be paid for by the owner in addition to contract price, unless specifically included under extras. �/ HIP x Overhang BL Cv GABL ��S Steel reinforced concrete slab with full curb returns. Apron x ge ive x { } 2 x 12 Heade� �� 2 x 6 collar ties r ' , studs /6 o.c—Z x Rafters o.c. Type of roof sheathing 15$1 roofing felt Shingles - Wall sheathing: Kiln dried lup Per. Hardboard overhan s, wood trim. Siding: — Service door Windows' size Qy /Yy�' ��. - type Electric Painting Gutter a Door Door Style BEv. cur GUAR NOTICE TO CUSTOMER (a) DO NOT SIGN THIS BEFORE YOU READ THE WRITING ON THE REVERSE SIDE, INCLUDING LIEN NOTICE, EVEN IF OTHERWISE ADVISED, N D0 NOT SIGN THIS IF.IT.CONTAINS ANY BLANK -SPACES. (C) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. J.D. GRIFFITHS CO., INC,, 8401 WEST CALUMET R AD, MILWAUKEE,I ISCONSIN 53224 J.� Griffiths' garage warranty does not B (SEAL) cover cracking, feeling or ittirig°of con- �a '- Y Contractor: AF Crete, regardless 0 when ItQcurs. " (SEAL) Owner . •� ELECTRIC LOCAT14N G'✓ (SEAL) PrqGiiT iss3 % twat l Owner } t r t tiwit'S�� i�:.�i t"i?.'-. S. ' `Y!fl�;s�--� �- •� 4 : ' f : r.eF r •• , } :.lr��'. - . " .. -_ ..r.c ... t�.l��fl�p U-, 0 C= Qr MUSKL G O SPECTYONPRO RESS REPORT _ l d 7/ DATE: �' l INSPECTOR: PERMIT rr , JOB �DgESS:��'d' s f�Auum �7� B J�G� DD4 NV n MDRA5 AYF� C ONTRACT O R:L"-j PHONE• FAX T: BUILDING: EROSION. FOOTING FOUNDATION BASE-A� FLR ROUGH CARP INSULATION FINAL OTEER P RCL--I-�� INSP£CIION RESULTS F = PASS F = FAIL INS? INSP INS? TT2 rSP 91 rrr2 =� u ELE CTPJCAL: TEMPORARY SERYICE ROUGH FINA-L OTHER PH d fi79 �1 EA$= 414- 79-41 PLUMIING: CONVERSION SEW -LATERAL WAT-LATERAL INSIDE SEWER ROUGH FINAL OTHER a AC: ROIIGH FINAL NITS c: ZONING CODE COMP INS PECTTON? COMMENTS TEEMS LL5Cr7D B'�OW SHC= BE CORLECTID PRIOR TO C.LLJ�i`tG FO7C:1 c=OF?,(USXEGO AC CWS (1) FOLLO`NUP RgsFF-CTAFTER THE a ADDMC)NAL INSFECIIONS 7'nL REQULRE A 530-00 F✓ BE PAID PRIOR Board of Appeals page 4 December 3, 1992 moved to grant the variance, Mr. Berken seconded. Upon a roll "call vote, the motion passed unanimously. ppPEAL #48-92 - Eric Holt, W179 S6941 Elm Drive, Muskego, Wisconsin. Hardship being need for extra living space and present location of existing structure. Mr. Berken moved to grant the variance, Mr. O'Neil seconded. Mr. Holt was asked to purchase a Set of house numbers. Upon a roll call vote, the motion passed unanimously. APPEAL #49-92 - John & Judith Gardetto, S75 W17890 Janesville Rd., Muskego, Wisconsin. Hardship being need for covered storage for vehicles/boats, etc. Mr. Rowinski moved to grant the variance as submitted, Mr. O'Neil seconded. Upon a roll call vote, the k. motion passed unanimously. APPEAL #50-92 - Duane & Nanette Cherek, S75 W17960 Janesville Rd., Muskego, Wisconsin. Hardship being need to screen from `firehouse and loss of green area. Mr. Rowinski moved to grant the height variance as submitted, but to deny the 3'8" offset variance. Mr. Berken, seconded. Upon a roll call vote, the .motion passed unanimously. APPEAL #51-92 - Larry Sutton, W187 S6974 Gold Dr., Muskego, and Wisconsin. ' location of its variance as the motion APPEAL #52-92 - John Ingersoll, Jr., S76 W18004 Janesville Rd., Muskego, Wisconsin. Hardship being extra storage space needed accessories. Mr. Vitt moved to deny the appeal as submitted bec th e of the garage is not compatible to the other Hardship being the need for extra liva.ng space existing dwelling. Mr. O'Neil moved to grant the submitted, Mr. Vitt seconded. Upon a roll call vote, passed unanimously. for ause a siz garages in the area. Mr. Pionek seconded. Upon a roll call vote, the motion passed unanimously. APPEAL #53-92 - Muskego Volunteer Fire Dept., S76 W17858 Janesville Rd., Muskego, Wisconsin. Hardship being security of Property. Mr. Rowinski moved to grant the variance as submitted with one amendment: No approval is given by the Board of Appeals to allow the base of light poles to exceed lot line. Mr. Vitt seconded. Upon a roll call vote, the motion passed unanimously. w h 3 0 ro M 0 np w v° N G v V1 W yc yyc yyC O 27 'A h1 0. n h r m m w rt pi H F-1 .a (G M r' O '1 •O m m a 0 a �e m r Y ~ C C �mXr7rn h hyp3 0 0 N n a us tt(�o a �-• �s m w m t+- O H 'yj H W 10 N ry qd ~t n y ° O O O C clt Ili - m P G� 0 C r O a cs m m w (z(pp w NA0 O.O O O m yy 3 £ N N N \ \ \ ❑ O O a w W W (? \ \ \ m o rmmZ N N _ � O 01 �0 o ro m J m a \ W O �Q W m DL 0 6� W p lT A A m F' City of Muskego O Building Inspection Department W182 S8200 Racine Avenue * BOX 903 * Muskego, WI * 679-4110 PERMIT Application Number . . . . . 94--00001273 Date 7/11/94 Property Address . . . . . . W187 S6974 GOLD DR Tax Key Number . . . . . . . 2175978 Application description . . . A STORAGE SHED Property Zoning . . . . . . . SUBURBAN RES/EXISTING DEV Property owner . . . . . . . LARRY & LINDA SUTTON Owner address . . . . . . . . W187 S6974 GOLD DR MUSKEGO WI 53150 (414) 679-1330 Contractor . . . . . . . . . OWNER --------------------------------------------------- Permit . . . . . . ACCESSORY BLDG (NOT AG) Additional desc . . Permit Fee . . . . 30.00 Issue Date . . . . 7/11/94 Valuation . . . . 1500 Expiration Date . . 1/12/96 Qty Unit Charge Per Extension 1.00 30.0000 EA OCCUPANCY AG OR ACCESSORY BLDG 30.00 Fee summary Charged Paid Due Permit Fee Total 30.00 30.00 .00 ---------------------------------------------------------------------------- *IMPORTANT* Inspections Are Required For This Construction. All inspections shall be called in a minimum of 24 hours in dvance. 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