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Zoning Board of Appeals 20-1997' cin OF MUSKEGO July 29, 1997 Mr. and Mrs. Mark Larsen 6112 South Barland Avenue Cudahy, WI 53110 RE: Appeal # 20-97 Dear Mr. and Mrs. Larsen: BUILDING DEPARTMENT Chuck D. Dykstra, Sr., Director (414) 679-4145 Inspection Requests (414) 679-4110 The Board of Appeals wishes to advise you that your appeal from Section 5.02 (1) Building Location has been denied due to lack of hardship. Should you have any further questions, please contact Carlos Trejo at 679-5674. Sincerely, Ls -mac --- Susan J. hroeder Recording Secretary W182 582O0 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5618 Appeal 420-97 Mark and Jennifer Le May Larsen 6112 South Barland Avenue Cudahy, WI 53110 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance for the property located at: Lot 12, West Lakes Estates Subdivision S75 W 13850 Bluhm Court Muskego, WI 53150 1. Chapter 17--ZoningOrdinance: Section 5,02 (1) Building Location. Said regulation requires a 40 foot setback from the right-of-way of Bluhm Court. Petitioner seeks a 3.3 foot variance to build a primary structure 36.7 feet from the Bluhm Court right-of-way. DECISION OF THE BOARD OF APPEALS Approve as submitted. No hard§hi Chairman O'Neil Vice Chairman Brandt Member Herda Denied Absent Denied Denied Member Schepp Denied �V�SC7 Member Ross (Ist Alt.) Denied G?7-7,23,7 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF JULY 24, 1997 PRESENT: Chairman Terry O'Neil, Henry Schneiker, Ed Herda, Dan Schepp and James Ross. ABSENT: Vice Chairman Mike Brandt MINUTES: Mr. Schepp made a motion to approve the minutes as submitted. Mr. Ross seconded. Chairman O'Neil discussed with Board members a telephone call he received from Mr. Art Dyer requesting that the minutes be amended to reflect verbatim conversation regarding Appeal #17-97. A copy of a fax received by Carlos Trejo, also making the same request by Mr. Dyer, was discussed. A voice vote was called and the motion carried 3-0. (Mr. Schneiker and Mr. Herda did not vote as they were absent in June). STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given July 11, 1997, in accordance with Open Meeting Laws. OLD BUSINESS: Amended Appeal #18-97 William R. and Pamela Lehmann, W183 S6453 Jewel Crest Drive. Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1) Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Topaz Drive. Petitioner seeks a 23 foot variance to build an accessory structure 32 feet from the center line of Topaz Drive; and 2) Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Jewel Crest Drive. Petitioner seeks a 19 foot variance to build an accessory structure 36 feet from the center line of Jewel Crest Drive. The property is zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Chairman O'Neil administered an oath to Mr. William Lehmann. This appeal was deferred from June to allow Mr. Lehmann to submit a new survey with the exact location of the proposed 24' x 28' garage. Mr. Lehmann mentioned that he would tear down the current 10' x 21' garage attached to the home, cut down the pine trees located at the northeast corner of the lot, and raze the shed in the front yard. Mr. Lehmann stated his hardship is the size and configuration of the lot and the location on the lot. Mr. Lehmann stated that he could not attach the garage to the home because the porch does not have footings under it and there is no buildable site to make the proposed garage conforming on the property. Mr. Trejo stated that this property is legal nonconforming, and that the structures located on the lot are also legal nonconforming. The current garage could be renovated and brought into code under the 50% rule. Staff is concerned over the blocking of the vision corner, and stressed this lot should not have a an accessory structure built on it. Mr. Trejo also stated letters were received last month from the Police Chief and Public Works Director. Mr. Lehmann stated that the Police Department was in agreement with the location and that he had spoke with John Loughney at Public Works to explain how the proposed garage would be out of the vision corner. Mr. Lehmann also pointed out that the survey and the plat map for this property did not match up. NEW BUSINESS Appeal # 20-97 Mark and Jennifer Le May Larsen 6112 South Barland Avenue, Cudahy, WI 53110. Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance for the property located at: Lot 12, West Lakes Estates Subdivision: Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 40 foot setback from the right-of-way of Bluhm Court. Petitioner seeks a 3.3 foot variance to build a primary structure 36.7 feet from the Bluhm Court right-of-way. Chairman O'Neil administered an oath to Robert Mastalir from RM Construction, representative and builder for the Larsens. Mr. Mastalir explained that due to the configuration of the lot along the cul-de-sac, the northeast side of this lot is wasted space due to the required setback and offsets. He stated his company had tried several configurations to conform to a subdivision by-law requiring that a one-story residence maintain a minimum 2,000 square feet. Mr. Trejo stated this is the last lot in the West Lakes Estates Subdivision, and the RS-2 zoning requires a minimum of 1,400 square feet, while the subdivision rules requires 2,000 square feet for a one-story residence. This lot is definitely buildable, maybe not for a 2,000 square foot ranch, but a two-story home could easily be built in this location. The request is self-imposed. Mr. Mastalir stated a two-story home would not be acceptable to his clients, as they have an elderly family member. Mr. Mastalir stated since the location is at the end of a cul-de-sac, there will never be anything built in front of this home and the variance would not be interfering with any public safety issues.. DELIBERATIONS: APPEAL #18-97 Mr. Ross made a motion to approve the appeals as submitted. Mr. Schepp seconded. After much discussion Jim Ross amended is motion to include that the shed, garage, fence, pine trees and existing driveway need to be removed. Mr. Schepp seconded the amendment. Upon roll call vote, the motion failed. (3-2, Mr. Schneiker and Mr. Herda voting nay.) Chairman O'Neil called for further discussion over the appeal. Mr. Schepp made a motion to approve the appeal as submitted, the hardship being the unique configuration of the lot, the burden the the ultimate road right-of-way places on this lot, and that concerns and questions over public safety and welfare have been addressed in the Police Chief's letter. The variance is contingent upon the pine tress, fence, shed garage and current driveway (Jewel Crest) being removed. Mr. Ross seconded. Upon a roll call vote, the motion to approve carried. (4-1 with Mr. Herda voting nay) APPEAL #20-97 Mr. Ross made a motion to accept Appeal #20-97 as submitted. Mr. Schepp seconded. Upon roll call vote, motion denied (5-0), due to lack of hardship. The Board felt that since the lot was vacant, creating a non -conforming situation would not be in the City's best interest. ADJOURNMENT: Mr. Herda made a motion to adjourn. Mr. Schneiker seconded. With no further business to come before the Board of Appeals, the meeting adjourned at 10:00 P.M. Respectfully submitted, Susan J. Schroeder Recording Secretary 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 Bearing will be held in the Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 8:00 P.M., Thursday, July 24, 1997, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: 1. CALL TO ORDER 2. ROLL CALL 3. STATEMENT OF PUBLIC NOTICE 4. APPROVAL OF MINUTES OF THE JUNE 26, 1997, MEETING 5, OLD BUSINESS Amended Appeal #18-97 William R. and Pamela Lehmann W 183 S6453 Jewel Crest 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: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Topaz Drive. Petitioner seeks a 23 foot variance to build an accessory structure 32 feet from the centerline of Topaz Drive. 2. Chapter 17--Zoning_ Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot setback from Jewel Crest Drive. Petitioner seeks a 19 foot variance to build an accessory structure 36 feet from the centerline of Jewel Crest Drive. Zoned: RS-310LS. Suburban Residence District with a Lake Shore Overlay. 6. NEW BUSINESS Appeal # 20-97 Mark and Jennifer Lc May Larsen 6112 South Barland Avenue Cudahy. WI 53110 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance for the property located at: Lot 12, West Lakes Estates Subdivision S75 W 13850 Bluhm Court Muskego, WI 53150 1, Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 40 foot setback from the right-of-way of Bluhrn Court. Petitioner seeks a 3.3 foot variance to build a primary structure 36.7 feet from the Bluhm Court right-of-way. Page 2 7. Miscellaneous Business. None 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 Terre O'Neil, Chairman Dated this I Ith day of July,1997 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.