Zoning Board of Appeals 20-1994City o/ mu-iLp
(�
August 2, 1994
BUILDING INSPECTION DEPARTMENT
W182 58200 RACINE AVENUE • BOX 903 • MUSK£GO, WI 531 50.0903 • (414) 679-41 10
Mr. H. James Jaeger
10069 W. Grandtosa Drive
Milwaukee, WI 53222
RE: The Shop, Inc., S83 Wl,"2 Saturn Drive
Dear Mr. Jaeger:
The Board of Appeals wishes to advise you that your request for
a variance has been granted as requested.
Building permits are required.
Sincerely
BOARD OF APPEALS
Susan J. Schroeder
Recording Secretary
CC: Chairman Pionek
CiIY o/ Mina Ajd..Ii.I' Jncl"jfria! anal Recreational 5aciCili'j
CITY OF MUSKEGO
BOARD OF APPEALS
DATE Julv 28. 1994
NAME THE SHOP, INC., C/O H. JAMES JAEGER
ADRESSS83 W19012 SATURN DRIVE j,WI L Z!
TELEPHONE 679-1330
PROPERTY LOCATION ON WHICH VARIANCE IS
ADDRESS S83 W19012 SATURN
DRIVESUBDIVISION
OCK
TYPE OF ZONING Il
ESTED
LOT BL-
VARIANCE REQUESTED: 1)Requesting a variance from Section
17:8.15(3) requirement of 50' street side
setback.
REASON FOR VARIANCE REQUEST:
TO ALLOW A THE CONSTRUCTION OF A NEW TRUCK REPAIR FACILITY 16"
FROM BASE SETBACK LINE.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 6/23/94 RECEIPT NUMBER 109122
DECISION OF THE BOARD OF APPEALS
APPROVED DENIED
CHAIRMAN PIONEK�v
VICE-CHAIRMAN O'NEIL
MEMBER FOHR
MEMBER WARHAN"T'
MEMBER SCHEPP
FIRST ALTERNA
bhUUNI) ALTERNATE hUWiNbK1
SecretarYs' S
Date Z�
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, W187 S6974 Gold Drive, Muskego,
Wisconsin. Chairman Pionek read the appeal for Mr. Sutton
1)Requesting a variance from Section 17:4.05(2)C.4., which
requires that detached accessory structures total no more than
60% of principal dwelling floor area (712 sq ft). To allow the
construction of a garage which would bring the total on site
detached accessory structures to 888 sq ft. 2)Requesting a
variance from Sections 17:8.08(3) & 17:9.04(3), which require a
25'street side setback. To allow the construction of a new
garage 18'8" from base setback line. 3)Requesting a variance
from Sections 17:5.02(3)A.1., 17:8.08(3) & 17:9.04(3), which
require a side yard offset of 5'. To allow the construction of a
new garage 3' from the north lot line. 4)Requesting a variance
from Section 30.43(3.)(c.), which limits the size of a detached
frame garage to 720 sq ft. To allow the construction of a new
garage 768 sq ft. Mr. O'Neil administered the oath to Mr.
Sutton. Mr. Matt Sadowski explained to the Board the zoning on
this property and the meaning of the OLS overlay. Mr. Sutton
informed the Board that eight of his neighbors signed a letter
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
W 12 Saturn Drive, Muskego, Wisconsin. Chairman Pionek read
tie 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 Il 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 56733 Muskego Drive,
Muskego, Wisconsin. Chairman Pionek read the appeal requesting
1) Requesting a variance from Sectionsl7:5.02(3)A.1., 17:8.08(3)
& 17:9.04(3), which require a side yard offset of 5'. 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
W1 12 Saturn Drive, Muskego, Wisconsin. Mr. Dan Schepp made
the motion to approve the appeal as stated, hardship being the
U' 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 56733 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 submit ed,
<-- - 0
Susan J. Schroeder
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
DATE July 28, 1994
NAME THE SHOP INC. C/O H. JAMES JAEGER
ADRESSS83 W1 12 SATURN DRIVE L0 1G,z
TELEPHONE 6 9-1330
PROPERTY LOCATION ON WHICH VARIANCE IS _REQUESTED
ADDRESS S83 W19012 SATURN
DRIVESUBDIVISION
%J%.L.
TYPE OF ZONING I1
LOT
BL-
VARIANCE REQUESTED: 1)Requesting a variance from Section
17:8.15(3) requirement of 50' street side
setback.
REASON FOR VARIANCE REQUEST:
TO ALLOW A THE CONSTRUCTION OF A NEW TRUCK REPAIR FACILITY 16"
FROM BASE SETBACK LINE.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 6/23/94 RECEIPT NUMBER 109122
DECISION OF THE BOARD OF APPEALS
CHAIRMAN PIONE
VICE-CHAIRMAN
MEMBER FOHR
MEMBER WARHANEK . •�: rr _�'
MEMBER SCHEPP
FIRST ALTERNATE SCHNEIKER
SECOND ALTERNATE ROWINSKI T
SecretaryFS
w�
Date 2�
�+r r o1/ T&I /Z ec o
August 2, 1994
BUILDING INSPECTION DEPARTMENT
W182 S8200 RACINE AVENUE • BOX 903 • MUSKEGO, WI 531 50-0903 • (414) 679•41 10
Mr. H. James Jaeger
10069 W. Grandtosa Drive
Milwaukee, WI 53222
U'v1 1
RE: The Shop, Inc., S83 Wl 12 Saturn Drive
Dear Mr. Jaeger:
The Board of Appeals wishes to advise you that your request for
a variance has been granted as requested.
Building permits are required.
Sincerely
BOARD OF APPEALS
r
Susan. J. Schroeder
Recording Secretary
CC: Chairman Pionek
61Y o/ 5ine esi[ienfial, -9nalmilriaC and Recreafianal .}a[ififie�
Jim Jaeger
414-466-390o
ao
SHEPHERD ENTERPRISES, IN,
Bulk Tank & Flatbed service
The Quiet Fleet
Inside 414 Area Code 1-800-498.3900 Outside 414 Area Code 1-800-323- 2588 10069 W. Grantasa Dr,Mee t
Subject Property Address:
Telephone
414-466-3900
' -OF MUSKEGO
tD OF APPEALS
Lon for Variance
CAD H-James Jaeger
S83 W19-e2 Saturn Drive
m 1 02
Property Zoning: �1 Key # 222-8999-016
Petitioner's relationship to property (circle applicable):
Xx owner lessee other
Fees: $80.00
Date inspector denied permit: Cc123 q
Requesting variance to Section
i7:9-i5r3)
To allow: Placement of permanent structure -within "Fifty Foot
Front setback. of Cul De_aac" On Zouthwe5tern end of
Saturn Drive, __....
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
Future expansion would be 11mited. Also,. proposed
Winter Truck Plug -In rea would not be sufficent.
_Thirdly, Placement of Structure at any other location
Would create heating and snowplowing difficulties in winter.
The variance, if granted, will not be contrary to the public
interest and will be. in accord with the spirit of the code
because:
Proposed Structure is entirely outside Fifty Foot
Front Setback exceAt for'Cul Ne Sac area of roadway,
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
The parcel is at the West End of Saturn Drive (Dead End)
with only one nropprty further wa,at (An n&hp r Trucking Co)
and one unsold parcel, _
Page l'of 2
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