Zoning Board of Appeals 19-1996- CITY OF
"? ZNUSKEGO
July 1, 1996
Mr. Dennis Rau
S110 W20424 South Denoon Road
Muskego, WI 53150
Dear Mr. Rau:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your Appeal #19-96 was
approved for a 860 square foot building located at a 3 foot offset.
The Board of Appeals denied a variance for the height, maximum
height allowed is 15 feet.
Please be advised a building permit is required prior to commencing
with building on your property.
Sincerely,
`L-� �a • __•_ ` ,� 1.-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 W18888 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 59159 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 # 19-96
Dennis J. Rau
5110 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 1 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 aids and services. For additional information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
BOA 05/23/96
Page 3
concrete floors are not healthy for horses. Mr. Findley explained
how the building will have stalls and there would be no room for a
firewall. There will be hay stored above the horse stalls. Mr.
and Mrs. Findley removed the request for a height
variance.
Appeal # 19-96 Dennis J. Rau, S110 W20424 South Denoon Road
Muskego. 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 building on the lot. Petitioner seeks
18.0% (198 s.f.) size variance to build a second accessory
structure (20' X 361) 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--ZoningOrdinances: 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.
Mr. Trejo explained the zoning as being RS-2/OLS, 20,000 S.F.
Suburban Residence District in a Lake Shore District. 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. Rau.
Mr. Rau explained he needs storage for the pontoon boat, fishing
boat, jet ski and jet ski lift. He is proposing to have the roof
match the current lines of his existing buildings. The lot is
long enough, but it is not possible to build at any other location
because of the contour and in winter the water ponds and freezes.
Appeal # 20-96 Linda Sulla and Ted Erickson, W188 S7580 Oak Grove
Drive, Muskego. 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
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,
a�
Susan J. Sc oeder
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name Z. ft a.
Subject Property Address: 5110 W .Mq 24 Demson _
Telephone cy�9
Property Zoning
Key . away. 91?n
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
Date inspector denied permit:
Requesting variance to Section
To allow: r-e_-4z_r i--
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
bit,
at? y
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
W-WSt47WK "7�SMPAcif
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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AMENDED
RESOLUTION #P.C. 124-96
APPROVAL OF A 20' x 36' ACCESSORY STRUCTURE FOR
DENNIS RAU AT THE PROPERTY LOCATED
AT S110 W20424 DENOON ROAD
WHEREAS, A site plan and construction information was submitted
on June 7, 1996, by Dennis Rau to construct a 20' X 36' (720 S.F.)
accessory structure at the residence located at S110 W20424 Denoon
Road, and
WHEREAS, At three (3) feet, the location of the accessory
structure does not meet the 9.1 foot sideyard offsets of the
RS-2/OLS zoning district, and
WHEREAS, The size of the structure, along with an existing boat
house (7' X 20') total 78% of the total floor area of the primary
structure, exceeding that permitted by code by 18% thus limiting
the garage size to 522 S.F., and
WHEREAS, The height of the accessory structure exceeds that
permitted by code by over six (6) feet, and
WHEREAS, The upper -loft area includes a stairway and window
area, and
WHEREAS, The accessory structure is intended to be used for
storage of lawn equipment, boat and pier equipment, vehicle, and
miscellaneous storage and the Plan Commission has authority to
approve the type and size of accessory structures within 60% of the
ground floor area of the residence, and
WHEREAS, Materials submitted do not propose the use neither of
this nor any other structure on the property for business related
activities.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of
the accessory structure, not to exceed 522 square feet, with a
total height not to exceed 15 feet, and with compliance to side
yard offset requirements of 9.1 feet for the Rau Property.
BE IT FURTHER RESOLVED, That subject accessory structure shall
neither be used for the operation of a business nor the storage of
business related materials and equipment and a building and zoning
permit is required prior to construction of subject second garage.
BE IT FURTHER RESOLVED, That failure to comply with the terms
of this resolution and the approved site plans shall result in the
issuance of fines of $100 per day per violation, the initiation of
legal action, or both.
BE IT FURTHER RESOLVED, That the petitioner is directed to the
Board of Appeals if height, square footage, and offsets are
requested not within code allowances.
Plan Commission
City of Muskego
Adopted 06-18-96
Defeated
Deferred
06-10-96
June 5. 1996
Muskego Planning Commission
W 182 58200 Racine Avenue
Muskego, Wl 53150
Re: variance
S 1 10 W20424 Denoon Road
Muskego, Wisconsin
Owners: Dennis & Lynn Rau
We have reviewed the plans of the proposed garage to be located at S 1 10 W20424
Denoon Road. we understand that it will be located 3 feet from the lot line, and have
no objections to the plan or location of garage.
oSa�rmnets
and Sue Hamer
1 10 W20438
Muskego, Wisconsin
Dated: June . 1996
June 5, 1996
Muskego Planning Conunission
W 182 58200 Racine Avenue
Muskego, WI 53150
Re: variance
Silo W20424 Denoon Road
Muskego, Wisconsin
Owners: Dennis & Lynn Rau
We have reviewed the plans of the proposed garage to be located at S 1 10 W20424
Denoon Road. we understand that it will be located 3 feet from the lot line, and have
no objections to the plan or location of garage.
John and Deanna Gnas
Date: June 1996