Zoning Board of Appeals 20-1992CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON MAY 28, 1992.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil, Llcyd
Erno, Thomas Berken, and Chuck Dykstra, Sr.
ABSENT: Donald, Pionek, Robert Vitt, and Darryl Rowinski.
MINUTES: Mr. Berken made a motion to approve the minutes of the
April 23, 1992 meeting, and Mr. O'Neil seconded. Upon a voice
vote, the motion to adopt the minutes passed unanimously.
APPEAL 13-92 - Robert Cardenas, W132 56812 Fennimore Lane,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 9'
2" offset variance from south lot line to construct a poolhouse.
Zoning: RS-2. Mr. Dykstra explained the RS-2 zoning, and how the
amount of the variance was arrived at. Mr. and Mrs. Cardenas
appeared before the Board. Mrs. Cardenas stated they have a
two -car garage on the property. At the present time, an inground
swimming pool is being installed. They need additional storage
space for all of the pool equipment. The poolhouse will store all
the equipment for the pool, including the filter, as well as yard
furniture and a mower. It will be constructed to match the house,
and will have a cement pad underneath. Mr. Dykstra stated that
the structure will require Plan Commission approval. The plan
submitted to the Building Department for the poolhouse indicates
the height will be 10' which will not be a problem.
APPEAL 14-92 - Michael and Debra Murphy, S68 W19180
Lembezeder Drive, Muskego, Wisconsin. Chairman Fohr read the
appeal for Mr. and Mrs. Murphy requesting a 1' height variance for
a 10' x 12' storage shed. Zoning: RS-2. Mr. Dykstra explained
the variance request. The current zoning ordinance allows for an
8' height maximum on storage sheds that do not exceed 120 square
feet. Mr. Dykstra has been allowing the height to be 9'. Mr. and
Mrs. Murphy wish to purchase a shed that is 10' x 12' x 10' from
Heartland. Mr. Murphy stated that his reason for choosing the 10'
shed is that it allows for extra storage space in a loft. He has
a two -car garage and needs the additional space the shed would
provide for lawn and gardening equipment.
APPEAL 15-92 - Terrance and Lynn Snyder, S70 W17655 Muskego
Drive, Muskego, Wisconsin. Chairman Fohr read the appeal
requesting a 3' 5" setback variance from Muskego Drive for
construction of a proposed addition. Zoning: RS-3/OLS. Mr.
Dykstra explained the zoning and the need for the variance. Mr.
and Mrs. Snyder stated they would like to put up a two -car attached
garage. This is the only location for the structure as utilities
and the well are on the other side of the house. They have an
existing garage that they would like to leave on the property.
Mr. Snyder stated they need additional storage space. Mr. Dykstra
explained that since the proposed garage would be attached to the
Minutes of Board of Appeals
May 28, 1992 Meeting
Page 2
house, the existing detached garage could remain. Mr. and Mrs.
Snyder plan to reside the existing garage so it will match the
house and new garage addition.
APPEAL 16-92 - John Haftarski, W193 57198 Richdorf Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting an
8' 8" offset variance from south property line and a 13' 8" offset
variance from east property line, as well as a variance from the
requirement for a firewall to construct a 24' x 32' second garage
structure. Zoning: RS-2. Mr. Dykstra explained the RS-2 zoning
and the variances requested. The appellant only needs a 13' 3"
offset variance from the east property line. The structure will
require Plan Commission approval. Mr. and Mrs. Haftarski appeared
before the Board. Mr. Haftarski stated he has two boats, five
cars, and a company truck he would like to store in the new
structure. He has an existing storage shed on the property that
will come down. He will build the new structure on a new concrete
pad. The location has been chosen because the appellants want to
conserve yard space. The structure cannot be placed further north
as power lines are located in the middle of the lot. Mr.
Haftarski would like to eliminate the firewall to utilize the
space in the garage better. The Board asked Mr. Haftarski what
his hardship was. He stated he needs additional storage space
because of all the vehicles he owns. At the present time, he is
keeping several cars in the driveway and one boat outside. Mr.
Berken stated he would like to see the structure moved at least 3'
to the north.
APPEAL 17-92 - Samir and Antoinette Dalal, S83 W19024 Saturn
Drive, Muskego, Wisconsin. Chairman Fohr read the appeal
requesting a 31' 9" setback variance from Saturn Drive to
construct a commercial building. Zoning: I1. Mr. Dykstra
explained that this situation was unusual as part of this lot is
actually in the radius of the cul de sac. Mr. and Mrs. Dalal
appeared before the Board. They are proposing to construct a
building for a body shop in the Industrial Park. They are
requesting the setback variance as they want their building to be
in line with the other buildings on the adjacent properties. They
became aware of the need for a variance late in the whole
process. They have already submitted plans for the building,
including plumbing and heating, to the state. A Plan Commission
Public Hearing will be held on Tuesday, June 2 for a conditional
use grant. Their site plan will also be before Plan Commission on
Tuesday following the public hearing.
APPEAL 18-92 - Michael and Susan Ogrezovich, S72 W13955
Woods Road, Muskego, Wisconsin. Chairman Fohr read the appeal
requesting a 7' height variance and a variance from the
requirement for a firewall for proposed second garage structure.
Zoning: L. Mr. Dykstra explained the lowland zoning. It allows
for larger offsets to provide a more spread out appearance. Mr.
and Mrs. Ogrezovich did receive Plan Commission approval for the
second garage structure. A maximum of 15' in height is allowed
for second garage structures. Mr. and Mrs. Ogrezovich have made
Minutes of Board of Appeals
May 28, 1992 Meeting
Page 3
an offer to purchase the property on Woods Road. They own a
travel trailer, two collector automobiles, and garden equipment.
They are presently using his father's property for the storage of
these items. They are looking to purchase a parcel of land and
construct a home with an attached garage, as well as a second
garage structure for the storage of their vehicles. They would
like the second garage structure to have the same architectural
appearance as that of their residence. The appellants have
contacted the surrounding property owners. They presented three
letters to the Board from neighbors stating their was no objection
to the height of the structure. They also showed pictures of
their vehicles, along with a sketch of how they would park
everything in the structure. They are asking for a variance that
requires a firewall in structures over 720 square feet. The grade
of the lot tapers down to the south, so the structure will
actually not appear as high from the road. They believe their
hardship is the future loss of their present storage facilities,
as Mr. Ogrezovich's father is ill. They also desire to be closer
to their places of employment. The Board members asked the
appellants if they would agree to placing the structure a minimum
of 50' from the house. Mr. and Mrs. Ogrezovich did not have a
problem with that location.
APPEAL 19-92 - Mark Milanowski, S83 W17447 Woods Road,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 5'
height variance for a 12' x lb' storage shed. Zoning RS-1.
Mr. Dykstra explained that the maximum size allowed for a storage
shed on lots 120,000 to 400,000 square feet is 240 square feet.
The shed Mr. Milanowski would like to purchase is 192 square
feet. The zoning ordinance, however, does not allow for a greater
height for structures as large as this one. The 8' height is the
maximum allowed. Mr. Milanowski stated he would like the shed to
look like a barn. This size structure can only be purchased with
a minimum of 13' in height. He would like the additional height
for loft storage. It will be used for the storage of a garden
tractor, disk, and plow.
APPEAL 20-92 - David Henneberry, W175 57518 Park Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 4'
3" offset variance at east property line and an 8' 3" offset
variance at north property line to construct a detached garage and
a variance from a requirement for a firewall. Zoning: RS-3/OED.
Mr. Dykstra explained the variances requested. The variances
requested can be reduced. The 4' 3" offset variance can be
reduced to 6" and the 8' 3" offset variance can be reduced to 4'
5". This is due to a further reduction allowed for the 50' width
of lot. There is no need for a variance regarding the firewall.
A firewall is not required. Mr. and Mrs. Henneberry appeared
before the Board along with Mr. Henneberry's uncle, George
Henneberry. There is an existing shed on the property that will
be taken down. The new garage will be placed in the location of
the existing shed. They will be taking a 4' section off the house
to provide space for a driveway to the new garage. This is the
only place the garage can be located on this property. At one
Minutes of Board of Appeals
May 28, 1992 Meeting
Page 4
time, there was an attached garage that was converted to living
space. Mr. Henneberry stated there were no objections from any
neighbors.
APPEAL 21-92 - Richard Fahning, W143 S6802 Tess Corners
Drive, Muskego, Wisconsin. Chairman Fohr read the request for an
appeal to a Plan Commission decision denying a Conditional Use
Grant. Zoning: RS-2. Mr. Dykstra stated that the property is
located in a single family zoning district. It is now legal,
nonconforming. The existing nonconforming use of the dwelling as
a two-family may continue regardless of who owns the property. If
the dwelling were destroyed, it would have to be replaced with a
single family home to conform to the zoning district. Mr. Fahning
requested a conditional use grant at the May 5 Plan Commission
meeting for the property, which is owned by his mother. The Plan
Commission denied Mr. Fahning's request. Mr. Larry Kirch was
directed by the Plan Commission to appear before the Board of
Appeals and answer any questions the members might have regarding
what happened at the Plan Commission meeting. Mr. and Mrs.
Richard Fahning appeared before the Board. Mr. Fahning stated his
mother's house is for sale. The market value would be greater if
the conditional use were granted. His mother has been paying
taxes on the property as a duplex. He believes the property
should be granted the conditional use so his mother can achieve
the maximum amount of value from the sale of the property. There
are other properties in close proximity to his mother's home that
are not single family dwellings. Mr. Jules Loeffelholz, who lives
next door, addressed the Board. He is concerned about the value
of his home dropping in value if the property is granted the
conditional use. He does not have a problem with the property
being used as a duplex at the present time as it has been owner
occupied. Mr. Fahning's son lives in the home now. His concern
is if the dwelling were destroyed and had to be replaced.
Alderman Patterson appeared before the Board. He reiterated Mr.
Loeffelholz's concern. Once the conditional use were obtained,
any type of duplex building could be built as a replacement to the
existing residence. Mr. O'Neil asked Mr. Kirch why the Plan
Commission denied the conditional use grant. Mr. Kirch stated
that they did not want the area to become a duplex area. The Plan
Commission wanted a single family home to be put there in the
event the existing dwelling were destroyed. Mr. Fahning again
appealed the Board members to grant the conditional use. He
believes since the property is being used as a duplex, another
duplex should be allowed to be built if the dwelling were
destroyed. He feels this is no different than what any other
property owner would expect in the city.
APPEAL 22-92 - Lynn Kurer, S67 W14831 Janesville Road,
Muskego, Wisconsin. Chairman Fohr read the request for a 12' 8"
setback variance from Durham Drive for additional cooler space
behind bar at Bushy's. Zoning: B-2. Mr. Dykstra explained the
need for the variance. Mrs. Kurer is proposing to add a 3'
addition under an existing roof. Mrs. Kurer stated that she added
on to the bar several years ago. The addition she is proposing
now would continue from where that addition left off, squaring off
Minutes of Board of Appeals
May 28, 1992 Meeting
Page 5
the building. She needs additional space for cooling and food
preparation. Alderman Simmons appeared before the Board. He
believes the addition would improve the appearance of the building.
The Board took a five minute recess at 10:00 P.M.
The Board remained in Open Session upon reconvening.
APPEAL 13-92 - Robert Cardenas, W132 S6812 Fennimore Lane.
Mr. Erno made a motion to grant the variance as submitted. It was
noted that the structure does require Plan Commission approval.
The hardship being the location of the inground pool and the need
for spacing between the pool and the poolhouse. They also cited
the lack of storage space as a hardship. Mr. O'Neil seconded.
Upon a roll call vote, the motion to grant the 9' 2" offset
variance passed unanimously.
APPEAL 14-92 - Michael and Debra Murphy, S68 W19180
Lembezeder Drive. Mr. O'Neil made a motion to grant the variance
as submitted. The hardship being the construction and size of
the shed available. Mr. Fohr seconded. Upon a roll call vote,
the motion to grant a 1' height variance passed unanimously.
APPEAL 15-92 - Terrance and Lynn Snyder, S70 W17655 Muskego
Drive. Mr. O'Neil made a motion to grant the variance as
submitted. The hardship being the location of the existing
dwelling on the lot. Mr. Berken seconded. Upon a roll call vote,
the motion to grant a 3' 5" setback variance passed unanimously.
APPEAL 16-92 - John Haftarski, W193 S7198 Richdorf Drive.
The Board members discussed the location of the structure on the
lot. They agreed the variance should be reduced, thereby moving
the structure three feet further from the south property line.
Mr. O'Neil made a motion to grant the variances, as amended. The
hardship being lack of storage space and location of the house on
the lot. It was noted that the second garage structure requires
Plan Commission approval. Mr. Fohr seconded. Upon a roll call
vote, the motion to grant a 5' 8" offset variance from south
property line and a 13' 3" offset variance from the east property
line, as well as a variance from the requirement for a firewall,
passed unanimously.
APPEAL 17-92 - Samir and Antoinette Dalal, S83 W19024 Saturn
Drive. Mr. Erno made a motion to grant the variance as
submitted. The hardships being the shape of the lot and the
ability to keep the proposed commercial building in line with the
other buildings on the adjacent properties. Mr. Berken seconded.
Upon a roll call vote, the motion the grant the 31' 9" setback
variance passed unanimously.
APPEAL 18-92 - Michael and Susan Ogrezovich, S72 W13955
Woods Road. Mr. O'Neil made a motion to amend the appeal as
submitted. The Board members believed since the structure was to
be that large, it should have a firewall. Based on the
information submitted, the members agreed the firewall could be
Minutes of Board of Appeals
May 28, 1992 Meeting
Page 6
installed separating the area where the travel trailer would be
kept from the rest of the garage. They agreed to grant the 7'
height variance with the condition that the structure be located
no closer than 50' to the proposed dwelling. The hardship being
the same architectural appearance for the second garage structure
as that of the proposed residence. Mr. Fohr seconded. Upon a
roll call vote, the motion to grant the appeal as amended passed
unanimously.
APPEAL 19-92 - Mark Milanowski, S83 W17447 Woods Road. Mr.
Berken made a motion to grant the variance as submitted. The
hardship being the appellant needs the height because of the size
of the shed, which the lot size allows. Mr. O'Neil seconded.
Upon a roll call vote, the motion to grant a 5' height variance
passed unanimously.
APPEAL 20-92 - David Henneberry, W175 S7518 Park Drive. Mr.
Fohr made a motion to grant the appeal with the reduction in the
variances as noted earlier by Mr. Dykstra. The hardship being the
size of the lot. The Board has stipulated the existing shed must
be removed. Mr. O'Neil seconded. Upon a roll call vote, the
motion to grant a 6" offset variance at east property line and a
4' 5" offset variance at north property line passed unanimously.
APPEAL 21-92 - Richard Fahning, W143 56802 Tess Corners
Drive. Mr. Berken made a motion to deny the appeal and uphold the
Plan Commission decision. Mr. O'Neil seconded. Upon a roll call
vote, the motion to deny the appeal passed unanimously.
APPEAL 22-92 - Lynn Kurer, S67 W14831 Janesville Road. Mr.
Fohr made a motion to grant the variance as submitted with the
condition that the appellant file with the City, and record as
part of the deed for the property, an agreement in writing to the
effect that she will remove all new construction, additions, and
replacements erected at her own expense when necessary for the
improvement or widening of the street (Durham Drive) and that she
will claim no damage for the same. The motion was seconded by
Terry O'Neil. The hardship being the location of the building on
the lot and the need for additional space. Upon a roll call vote,
the motion to grant the 12' 8" setback variance passed unanimously.
ADJOURNMENT
There being no further business, Mr. Erno made a motion to adjourn
and Mr. Fohr seconded. Upon a voice vote, the motion to adjourn
passed unanimously. The meeting was adjourned at 11:20 P.M.
Respectfully submitted,
..Jill Blenski
Recording Secretary
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CITY OF MUSKEGO
BOARD OF APPEALS
DATE
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PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
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TYPE OF ZONINGS- 3
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