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Zoning Board of Appeals 21-1996MUSKEGO: August 23, 1996 DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 Mr. Roger Frycienski W186 S6834 Jewel Crest Muskego, WI 53150 Dear Mr. Roger Frycienski: The Board of Appeals wishes to advise that your Appeal #21-96, was approved, however, you are not able to build within the 50' lake setback area. Please be advised a building permit is required prior to commencing building on your property. Sincerely, C Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue * Box 903 * Muskego, Wisconsin 53150-0903 * Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON AUGUST 22, 1996. PRESENT:Chairman O'Neil, Dan Schepp, Henry Schneiker, Heather Schuster, James Ross, Ed Herda and Carlos Trejo. ABSENT: Mike Brandt MINUTES: Dan Schepp made a motion to approve the minutes of July 25, 1996, as presented. Heather Schuster seconded. Upon voice vote, the minutes of July 25, 1996, were approved unanimously as presented. OLD BUSINESS: Appeal # 21-96 Roger Crest, Muskego, requesting under the Appeal Provisions, Petitioner seeks 17--ZoningOrdinance: Section 5.07 regulation requires 66.7% of said to Petitioner seeks a 27.7% variance to be left as open space. Frycienski W186 S6834 Jewel direction of Section 3.08 (1) one variance: 1. Chapter 1) open Space. Said t to be left as open space. permit only 39% of the lot to Mr. Schepp administered an oath to Mr. Frycienski. Mr. Trejo explained to the Board that this appeal was reviewed last month, and variances had been granted for the attachment of the existing detached garage and the open space it would consume. However, the Board had questions in regards to the existing deck at the lakeside of the lot. Mr. Frycienski explained that his renovation would require alterations to the existing deck. He is proposing to rebuild the deck 10 feet shorter than the existing deck and meet the required offset on the northern property line, thus making the structure less noncomforming. NEW BUSINESS Appeal # 23-96 Robert L. Prah, W188 S7688 Oak Grove Drive, Muskego, requesting under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (1) Building Location: Setbacks. Said regulation requires a minimum 55 foot setback from the road center line. Petitioner seeks a 35 foot variance to permit a detached garage located 20 feet from the center of the road. 2. Chapter 17--Zoning Ordinance: Sections 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure five (5) feet from the northern property line. Petitioner seeks a 2.7 foot offset variance to build a detached garage 2.3 feet from the northern property line. Mr. Trejo explained the RS-3 /CLS zoning and the minimum required 60' right-of-way stated by the ordinance for all road arterials. In this case, Oak Grove Drive has a 50' right-of-way. Mr. Schepp administered an oath to Mr. Prah, Mr. Prah then explained that revised drawing were submitted for a 20' x 28' detached garage and deck which was relocated further from the center line of the road, measured to at least 35 feet from the center line of the road, revising the request for a 20 foot variance. The garage would be aligned with the existing retaining wall and would be even with the existing neighboring garages. The purpose of the 2.7 foot offset variance would allow the building to line up with his existing building. Mr. Trejo has received no comment from neighbors. Appeal # 24-96 Harry Dumire, S64 W18808 School Drive,Muskego, requesting under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of a detached garage to 60% of the floor area of the principal building on the lot. Petitioner seeks a 260 square foot variance to permit a 840 square foot garage (87%) detached garage. Mr. Trejo explained the zoning. He stated the house is smaller than allowed in this district, which requires a minimum of 1,200 square feet. The proposed garage is 30'Deep x 24'Wide with access off School Drive. No comments were received from the area neighbors. Mr. Schepp administer an oath to Mr. Dumire. Mr. Dumire stated he intends to remove one of his sheds and relocate the one currently near the house to the rear of the lot. He also stated this will be the only garage on the property and would be comparable to the size of his neighbors. His hardship is lack of storage due to the small size of his home and lack of a basement. Appeal # 25-96 Dean M. Wainscott,W190 S6401 Preston Lane,Muskego, requesting under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure ten (10) feet from the southern property line. Petitioner seeks a two (2) foot offset variance to build an attached garage eight (8) feet from the southern property line. Mr. Trejo explained the zoning, RS-3, there is a 10' and 15' offsets. The lot has an irregular shape and the western portion of the lot slopes. The adjoining lots are in a RS3-OED district, which only require a 7.5 foot offset from the northern property line. No comments were received from the neighbors. Mr. Schepp administered an oath to Mr. Wainscott. Mr. Wainscott stated he would add on to the existing garage to house a boat. The hardship stated was the pre-existing location of the home, the slope on the rear yard, and the lack of sufficient storage space. DELIBERATION: APPEAL #21-96, Ms. Schuster made a motion to allow a variance to the 60% rule, however, the deck may not encroach within the 50 foot setback on the lake side. Mr. Schneiker seconded. The hardship is the pre-existing location of the house and the narrowness of the lot. The Board felt the variance would conform to the general character of the area and would not pose a threat to public welfare or safety. Upon roll call vote, the motion to grant the variance was approved, with Mr. Schepp voting nay, stating the encroachment of the deck within the 50' setback area is minimal and is creating a less non -conforming situation than the existing one. APPEAL #23-96 Mr. Schepp made a motion to accept the first request as amended. The hardship being the narrow shape of the lot, the alignment with other structures along Oak Grove Drive, and the extent of the ultimate right-of-way on the lot. The Board felt the variance would conform to the general character of the area and would not pose a threat to public welfare or safety. The second request (location 2.7 feet offset variance), was denied, due to lack of a hardship. Ms. Schuster made the seconded. Upon roll call vote, the motion was approved unanimously. APPEAL #24-96 Ms. Schuster made a motion to approve the amended variance request. The hardship was the legal non -conforming size of the primary structure, in which the ordinance does not take structure size into account in Existing Development Districts. The Board requested that one shed be removed at the time of construction. The Board felt the variance would conform to the general character of the area and would not pose a threat to public welfare or safety. Mr. Ross seconded. Upon roll call vote, the motion was approved unanimously. APPEAL #25-96 Mr. Ross made a motion to accept the variance as requested. The hardship being the location of existing house, the irregular shape of the lot, the fact that the adjoining neighbor's zoning is different and the topography of the lot. The Board felt the variance would conform to the general character of the area and would not pose a threat to public welfare or safety. Ms. Schuster seconded. Upon roll call vote, the motion was approved unanimously. ADJOURNMENT: Mr. Schepp made a motion to adjourn. Mr. Schneiker seconded. With no further business to come before the Commission, the meeting was adjourned at 9:15 P.M. Motion carried. Respectfully submitted, Susan J. %Sroeder 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 Hearing will be held in the Wisconsin Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, August 22, 1996, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: OLD BUSINESS Appeal # 21-96 Roger Frycienski W186 S6834 Jewel Crest Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (1) Building Location: Setbacks. Said regulation requires a minimum 25 foot setback from the road right-of-way. Petitioner seeks a 18 foot variance to permit a detached garage located seven (7) feet from the road right-of-way. 2. Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said regulation requires a minimum 5.2 foot offset. Petitioner seeks a four (4) foot variance to permit a detached garage located 1.2 feet from the northern neighboring property line. 3. Chapter 17--Zoning Ordinance: Section 5.07 (1) Open Space. Said regulation requires 66.7% of said lot to be left as open space. Petitioner seeks a 27.7% variance to permit only 39% of the lot to be left as open space. Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence District in a Lake Shore Overlay NEW BUSINESS Appeal # 23-96 Robert L. Prah W188 S7688 Oak Grove Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: BOA 08/22/96 Page 2 1. Chapter 17--ZoningOrdinance: Sections 5.02 (1) Building Location: Setbacks. Said regulation requires a minimum 55 foot setback from the road center line. Petitioner seeks a 35 foot variance to permit a detached garage located 20 feet from the center of the road. 2. Chapter 17--Zoning Ordinance: Sections 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure five (5) feet from the northern property line. Petitioner seeks a 2.7 foot offset variance to build a detached garage 2.3 from the northern property line. Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence District with a Lake Shore Overlay Appeal # 24-96 Harry Dumire S64 W18808 School Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of a detached garage to 60% of the floor area of the principal building on the lot. Petitioner seeks a 140 square foot variance to permit a 720 square foot garage (75%) detached garage. Zoned: RS-3/OED, 11,750 S.F. Suburban Residence District with a Lake Shore Overlay Appeal # 25-96 Dean M. Wainscott W190 S6401 Preston Lane Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure ten (10) feet from the southern property line. Petitioner seeks a two (2) foot offset variance to build a detached garage eight (8) feet from the southern property line. Zoned: RS-3, 15,000 S.F. Suburban Residence District NOTICE OF CLOSED SESSION: BOA 08/22/96 Page 3 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 Terry O'Neil, Chairman Dated this 9th day of August, 1996 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 Hail, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. CITY OF MUSKEGO BOARD OF APPEALS DATE August 22, 1996 APPEAL # 21-96 NAME Rover Frvcienski ADDRESS W186 S6834 Jewel Crest Muskego, WI 53150 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W186 S6834 Jewel Crest TYPE OF ZONING RS-3/OLS Appeal # 21-96 Roger Frycienski W186 S6834 Jewel Crest, Muskego, requesting under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one variance: 1. Chapter 17---Zoning Ordinance: Section 5.07 (1) Open Space. Said regulation requires 66.7% of said lot to be left as open space. Petitioner seeks a 27.7% variance to permit only 39% of the lot to be left as open space. DECISION OF THE BOARD OF APPEALS T nnnnwvn nL'TlT Vr% CHAIRMAN O'N VICE-CHAIRMA MEMBER SCHNE MEMBER HERDA MEMBER BRANDT MEMBER SCHUSTER ( 1st. A11t^. ) �- l VLA- ' MEMBER ROSS (2nd Alt.) 016V Secretar.yv Date CITE* OF -MUSKEG July 29, 1996 Mr. Roger Frycienski W186 S6834 Jewel Crest Drive Muskego, WI 53150 RE: Appeal #21-96 Dear Mr. Frycienski: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 The Board of Appeals wishes to advise that your Appeal # 21-96, was approved for an 18 foot variance to expand a detached garage seven (7) feet from the road right-of-way; disapproved of a four (4) foot variance to permit a detached garage and basement to be located 1.2 feet from the nothern neighboring property line, but will allow for the rebuilding of the side walk after construction is completed; and approves of a 27.7% variance to permit only 39% of the lot to be left as open space, but defers the enclosure of the existing deck to the next Board meeting on August 22, 1996, so that further questions can be addressed. Please be appraised that a building and zoning permit is required prior to commencing building on your property. Sincerely, lam` kl-)C.. d,{ 1 4 CL Sandra S. Asti W182 S8200 Racine Avenue • Box 903 9 Muskego, Wisconsin 53150-0903 + Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS DATE July 25, 1996 APPEAL # 21-96 NAME Roger Fr cienski ADDRESS W186 S6834 Jewel Crest Muskeao. WI 53150 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W186 S6834 Jewel Crest TYPE OF ZONING RS-3/OLS Appeal # 21-96 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (1) Building Location: Setbacks. Said regulation requires a minimum 25 foot setback from the road right-of-way. Petitioner seeks a 18 foot variance to permit a detached garage located seven (7) feet from the road right-of-way. 2. Chapter 17--ZoningOrdinance: Sections 5.02 (3) A Building Location: Offsets. Said regulation requires a minimum 5.2 foot offset. Petitioner seeks a four (4) foot variance to permit a detached garage located 1.2 feet from the northern neighboring property line. 3. Chapter 17-- ' Zoning Ordinance: Section 5.07 (1) Open Space. Said regulation requires 66.7% of said lot to be left as open space. Petitioner seeks a 27.7% variance to permit only 39% of the lot to be left as open space. DECISION OF THE BOARD OF APPEALS PROVED DENIED CHAIRMAN O' NEIL =iC/ x VICE-CHAIRMAN SCHEPP MEMBER SCHNEIKER1p�,,.,�LF�M�c X MEMBER HERDA MEMBER BRANDT FIRST ALTERNA SECOND ALTERNATE Lw-f� Seary LL. Date %' �; -5 - C1 (' CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name Subject Property Address: WI(p i P Telephone Lei 1 - d g --) g Property Zoning R� ��(�5 Key # j cz 3 Petitioner's relationship to property (circle applicable): owner lessee other Fees: $125.00 Date inspector denied permit: Requesting variance to Section To allow: 1.) f-,C-T RACKC6 M-101 W02 V T& A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: f Ti l Q.)QFPSET VAR%41,14 (GPfZAe_E` (��n.,LD 6 _ 40,TH.IJ Vi4R�gnX . 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