ZBA-Minutes 01261989city 0 wI,_aCq0
January 30, 1989
Mr. Jim Taylor
W180 S6821 Muskego Drive
Muskego, WI 53150
Dear tor. Taylor:
DEPARTMENT OF PLANNING AND DEVELOPMENT
W16. RACINE All I • HOX 401 • M1.S0:EG0. W1 5 i150-0903 • (4141 4.'4-4110
The Board of Appeals wishes to advise you that your request for
several variances to construct a garage and rec. room at the
above address was denied as submitted. It was approved with the
following changes:
1- That to construct a 2-story garage, the building shall he re-
positioned on the lot such that it will he in alignment with the
south offset of the existing house.
2- That the garage shall be attached to the house by a breezeway.
3- That the garage dimensions be 20' x 22'.
Thank you.
Sincerely,
BOARD OF APPEALS
Cheryl Schmidt
Recording Secretary
cs
CC: Chairman Gerald Fohr
61'. o/ —7ine k.,a 'Iiul, _9nj..fl'ria1and KLrct lionu! ,iuci(ilief
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON January 26, 1989.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: - Chairman Gerald Fohr, Lloyd Erno, Terry O'Neil Mr.
Donald Pionek, Mr. Darryl Rowinski and Assistant Director Gene
Kovacs appearing for Director Lee.
ABSENT: - Thomas Berken and Linda Koester and Director Lee.
MINUTES: Mr. Erno moved to adopt the minutes of the December 8,
1988 meeting. Mr. O'Neil seconded and the motion carried with a
voice vote.
APPEAL 21-88 - JIM TAYLOR Mr. Taylor appeared
before the Board to request a offset variance; 17' setback
variance; 2 1/2' separation variance; 6 1/2' height variance to
construct a garage and rec. room. Mr. O'Neil asked Mr. Taylor if
he would consider attaching the garage to the house? Mr. Erno
questioned whether there would be an overhang on the roof and if
gutters would be provided to prevent water from draining onto his
neighbors's property. It was mentioned that a garage with a
breezeway constructed would be an option, but would only
eliminate the need for one variance. It would still be near the
roadway. Mr. Erno felt if it was attached to the 2-story house,
the rec. room would have access to the house for the bathrooms,
etc. Chairman Fohr asked if the gas meter, phone and electric
would have to be moved? Mr. Taylor said they would.
APPEAL 22-88 - POBLOCKI & SONS CO. Jim Eckel and
Tom Kratsch of -St. Francis Savings & Loan appeared before the
Board to request a variance from the Plan Commission decision
denying architectural approval of the reader board signage to
allow 21 square feet of signage on an existing nonconforming
sign. Mr. Kovacs stated that this appeal was postponed from the
Board's December 8, 1988 meeting. The Plan Commission review of
the signage was denied as they felt it was a nonconforming sign
and exceeding the zoning requirment for signage. Mr. Eckel
stated that they are allowed 52-53 square feet for the length of
their building; they have 73' of which 12 1/2' is included in
the time and temperature. According to the code, based on the
size of the building, they could put the sign on the side of
their building. They prefer to put the sign on the freestanding
post to be more architecturally pleasing. They would maintain
the sign. Mr. Eckel passed out pictures to the members showing
Page 2 - Bd. of Appeals 1/26/89
other savings and loan branches. He felt that they support the
community with the "Green Up" project and the sign would be with
changeable letters and not be flashing. Mr. Rowinski asked how
many savings and loan branches are erecting reader board signs?
Mr. Eckel responded 6 out of 11 at the present time. Mr. O'Neil
questioned what the Plan Commission minutes stated. Mr. Bill
Simons was also present and stated that since this is a
commercial zone it should be permitted. He felt St. Francis
Savings & Loan has been good for the community.
APPEAL 1-89 - WILLIAM GEBHARD Mr. Gebhard
appeared before the Board to request a 3offset variance from
the west lot line to install a driveway. Mr. Gebhard stated that
he did not know about the 3' setback. Mr. Kovacs stated that he
was out to view the driveway and that it has a stone base, is
approximately 10' wide, and there is a need to have it hard
surfaced. Mr. Gebhard responded that he intended to pave it.
Mr. Erno commented that the permits should tell the people that
they must be 3' from the lot line. It would help with new home
construction. Mr. Erno stated that he lives next door to Mr.
Gebhard and has no objection to the driveway being placed where
it is. Mr. Gebhard mentioned that his slab approach is already
in and the driveway would line up.
APPEAL 2-89 - MUSKEGO MARINE Mr. Simons appeared
before the Boar-J on behalf of Mr. Langfeldt, who is requesting a
9' offset variance for an existing storage shed to remain 1' from
the lot line. Mr. Kovacs stated that the shed was approximately
12' x 20' and used for business storage of their products (gas
cans, etc.). No permit was obtained. There are numerous boats
and any outdoor storage is getting increasingly difficult. Mr.
Erno questioned whether in the future there would be a problem if
the other property owner wished to put up a structure? He would
like to see a time limit imposed. Mr. Simons commented that the
shed was moveable and permits would be taken out once advised.
Mr. Pionek asked if the owner leased space for boat storage? The
answer was yes.
APPEAL 3-89 - GERALD LOEBEL Mr. Loebel appeared
before the Board requesting an appeal from an administrative
officer. Mr. Kovacs stated that this is R-1 zoning which is
Residential. Mr. Loebel was sent a letter by Mr. Lee informing
him that he had violated a city zoning ordinance by manufacturing
in one of the buildings, and that there were a number of
commercial vehicles not approved at that site. He does have a
Conditional Use Grant for indoor storage of recreational
equipment. He was given 10 days to stop violating. Mr. Loebel
came into the Department of Building Inspection to discuss that
matter with Gerry Lee. Mr. Lee informed him that he could go
before the Plan Commission for rezoning to Commercial or
Industrial Use or go before the Board of Appeals to get a
Page 3 -Board of Appeals 1/26/89
variance ruling. The administrative decision did not de11 with
the use of the property --- it is the Plan Commission's
authority. Mr. Loebel spoke about his business. He stated that
he has been living there since 1973 and since 1982 has been
manufacturing. Since 1986 he has paid Industrial real estate
taxes. He feels he is not in violation. The business is his
sole support of his family and he runs a clean business. The
city has known about his business for many years, as an
electrical permit was taken out and the property was inspected.
He also is certified by the State of Wisconsin. John Johnson, a
neighor to the north, was present to give his views. He stated
that he was the first house to build in the area, and feels the
business is not conducive to the residential district and would
limit his property value. He felt Mr. Loebel should have his
business in the Industrial Park. Mr. Loebel responded that he
has 7 acres and would bring in people to verify his request.
Judy Wachowiak, who owns land in the area and plans to build a
house there in the spring, voiced her desire to see it remain
residential zoning. Chairman Fohr commented that Parker Drive
has several masons, sewer contractors, a dog kennel, and a
landfill in the area. Odie Iwaskiewicz, a neighbor, stated she
would like to see the area remain residential and not have his
business expand. Larry Wachowiak, a neighbor, commented that he
could bring his truck business into the area, but he would like
to see the area remain residential. Mr. Loebel again stated that
the city had given him verbal approval. When asked if he would
be relocating his business? He responded that he didn't know
when. He reiterated the fact that he has paid Industrial taxes
for the past two years and presented his tax bill.
Chairman Fohr declared a five minute recess.
The Board of Appeals reconvened into open session.
APPEAL 21-88 After some discussion Mr. Erno moved to
deny the appeal as su witted but grant an apppeal with the
following changes: 1) That to construct a 2-story garage, the
building shall be re -positioned on the lot such that it will be
in alignment with the south offset of the existing house. 2)
That the garage shall be attached to the house by a breezeway.
3) That the garage dimensions be 20' x 22'. The hardship is the
location of the existing house on the property and the limited
land area. Mr. O'Neil seconded. Upon a voice vote the motion
carried.
Page 4 - Board of Appeals 1/26/89
APPEAL 22-88 Mr. O'Neil moved to approve the appeal
as submitted for a variance from the Plan Commission decision
denying architectural approval of reader board signage on an
existing nonconforming sign and for a 21 square foot signage
variance. The hardship is the limited sign area and portion of
existing signage is only used for time and temperature and not
for advertising. Mr. Pionek seconded. Upon a voice vote the
motion carried.
APPEAL 1-89 Mr. 0 Neil moved to approve the appeal as
submitted. The hardship being the pre-existing gravel
driveway. Mr. Fohr seconded. Upon a voice vote the motion
carried.
APPEAL 2-89 Mr. Fohr moved to deny the appeal as
requested but grant an appeal with the following changes: 1) a 6
month variance to find alternate location for the shed on site to
meet offset requirements. 2) That the applicant make application
to the Building Inspection Department for the shed permit and pay
the required fees. The hardship is the temporary lack of
space. Mr. O'Neil seconded. Upon a voice vote the motion
carried.
APPEAL 3-89 Mr. Rowinski moved to approve the appeal
as submitted granting the applicant a variance from the 10 day
cease and desist order from the administrative officer and
granting the applicant a six month extension of time to allow him
time to pursue other options and to allow time for the city to
obtain a review and opinion for the City Attorney regarding this
matter. The Board requested Mr. Loebel come before the Board of
Appeals for review at the end of the 6 month time period. The
hardship being that 10 days is not enough time to pursue other
options. Mr. O'Neil seconded. Upon a voice vote the motion
carried.
ADJOURNMENT: Mr. O'Neil moved to adjourn at 11:00 P.M. Mr. Erno
seconded and the motion carried with a voice vote.
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
/cs
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