Zoning Board of Appeals 21-1994City o/ muiLey!!
August 2, 1994
Mr. and Mrs. Keith Flintrop
W179 S6733 Muskego Drive
Muskego, WI 53150
BUILDING INSPECTION DEPARTMENT
W182 58200 RACINE AVENUE • BOX 903 • MUSKEGO, WI 53150-0903 • (414) 679.41 10
RE: W179 S6733 Muskego Drive
Dear Mr. and Mrs. Flintrop:
The Board of Appeals wishes to advise you that your request to
allow the construction of a new garage 3' from the north lot
line and 8'2" from the base setback line at the location
requested.
Please be advised that a building permit is required prior to
any construction,
Sincerely,
BOARD OF APPEALS
Susan J. Schroeder
Recording Secretary
CC: Chairman Pionek
(_ay o/ 5i., Kalid..u. , Jnalusfrial and k9ecrealiona Jacibie9
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
W19012 Saturn Drive, Muskego, Wisconsin. Chairman Pionek read
the 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 I1 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 S6733 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
W19012 Saturn Drive, Muskego, Wisconsin. Mr. Dan Schepp made
the motion to approve the appeal as stated, hardship being the
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 S6733 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,
Susan J. Schroeder
Recording Secretary
-�4 aI -9q
CITY OF MUSKEGO
BOARD OF APPEALS
ADPlication for Variance
Applicants Name /r i / c/ - _ �42e_
Subject Property Address: A)Z:Z9 1-�7-33
Telephone
Property Zoning: 03 10 S Key # 45,-6:-
Petitioner's relationship to property (circle applicable):
Cow3)
lessee other
Fees: $80.00
Date inspector denied permit:/7—
Requesting variance to Sections 17-B.os(3) �1`1% 9104(3) F 1715.0a
To allow:
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A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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The variance, if granted, will not be contrary to the public
interest and will be -in accord with the spirit of the code
because:
LT s i2o �s Ecc r� aY
?NF LATs
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
- DODA
Page 1 of 2
TXTFOEiM= BOAVAR
4-6-93
Subject: Garage Construction July 14. 1994
Keith and Sharon Flintrop want to replace the existing 20 X 20 ft.
garage at their residence at W179 S6733 Muskego drive, Musk.ego WI.
The new garage will be 22 ft. deep and 24 ft. wide with a 4 ft.
overhang on the south side to cover the walk from the driveway to
the house. It will have a single 18 ft. overhead garage dour, hip
roof and vinyl siding, and will occupy approximately the same
location as the existing garage. It will not be closer to the road
than the garages an the lots of the neighbors immediately to the north
or to the south, and not any closer to the lot line than the current
garage. This statement will be submitted to the City of Musk:ego far
the purpose of acquiring a variance to current building code, which
if followed would impose an unnecessary hardship, as it would require
the new garage to be'35 ft. from the center line of the road, which
cannot be accomodated by this lot.
By signing this letter, I affirm that I do not object to the project.
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