Zoning Board of Appeals 21-19979 CITY OF
hfUSKEG
September 3, 1997
Mr. and Mrs. Edward Kogutkiewicz
5103 W19439 Kelsey Drive
Muskego, WI 53150
RE: Appeal #21-97
Dear Mr. and Mrs. Kogutkiewicz:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, AICP
Director of Planning
(414) 679-4136
The Board of Appeals wishes to advise you that your appeal from
Section 4.05 (2) c.4., Accessory Uses and Structures, Permanent
Structures to allow an accessory building 1,440 square feet was
denied due to lack of hardship.
Should you have any further questions, please contact Carlos Trejo
at 679-5674.
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 + Fax (414) 679-5614
Appeal #21-97
Edward and Sandra Kogutkiewicz
S103 W19439 Kelsey Drive
Tax Key No. 2285.997.001
Muskego, W1 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent
Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of
the floor area of the principal building on the lot. Petitioner seeks a 128 square foot variance to total
1,440 square feet. (only 1,312 s.f. permitted)
DECISION OF THE BOARD OF APPEALS
Approve as submitted. No hardship stated.
Chairman O'Neil
Vice
Denied
Abstained
Absent
Approved
Denied
Me=Scer
L1,11 A�&
Denied
Ross (l st Alt.)
CORRECTED
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF AUGUST 28, 1997
PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry
Schneiker, Dan Schepp and James Ross.
ABSENT: Ed Herda
MINUTES: Dan Schepp made a motion to approve the July minutes
as submitted. Henry Schneiker seconded. A voice vote was
called and the motion was carried.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given
August 15, 1997, in accordance with Open Meeting Laws.
OLD BUSINESS:
Request to reconsider Appeal #20-97. Chairman O'Neil requested
to table discussion until end of meeting as no one was present
to discuss this appeal.
Signing of decision letters for June and July meetings. Chairman
O'Neil requested this to be done at the end of the meeting.
NEW BUSINESS:
Appeal # 21-97, Edward and Sandra Kogutkiewicz, S103 W19439
Kelsey Drive, Tax Key No. 2285.997.001. Under the direction of
Section 3.08 (1) Appeal Provisions, the petitioner seeks one
(1) variance, Chapter 17--Zoning Ordinance: Section 4.05 (2)
C.4, Accessory Uses and Structures, Permanent Structures. Said
regulation states no detached private garage shall have a floor
area greater than 60% of the floor area of the principal
building on the lot. Petitioner seeks a 128 square foot
variance to total 1,440 square feet. (only 1,312 s.f. permitted)
Member Mike Brandt stepped down on this appeal as he is an
acquaintances of the appellant. Chairman O'Neil administered an
oath to Edward and Sandra Kogutkiewicz. The Kogutkiewicz
purchased parcels one and two a year ago, and thought it was an
exclusive agricultural property totalling 2.3 acres. Existing
on the property was a 24' x 38' barn which they intend to paint
and use as a tool shed. The barn is not conducive to being used
as a garage because it has cross member support beams within the
interior area, reducing the usability of the open space. Mr.
Kogutiewicz has old cars he works on as a hobby and requires a
22' x 24' garage in order for storage and to work on them. Mrs.
Kogutkiewicz stated the hardship is the existing garage does not
allow for the storage of the vehicle because of the cross beams,
remodeling the barn to increase the open space would be to
great, and Mr. Kogutiewicz has physical mobility problems to
work on the vehicles if they were stored in a tight area.
Mr. Trejo stated the property is actually 2.1 acres and is zone
R-1 Country Home. Because it is under 2.75 acres it falls under
the 60% rule for outbuildings. A 20' x 20' garage (499 s.f.) is
the maximum allowable. The Kogutiewicz have not exhausted all
their options for creating a larger open space to satisfy their
needs. They can still convert and remodel the existing barn,
they can expand the existing attached garage, or they can raze
the old barn and build a new one. It is Staff's opinion that a
hardship has not be shown.
Mike Brandt returned to the Board.
Appeal #22-97, David Conley, S70 W18899 Gold Drive, Tax Key No.
2180.943. Under the direction of Section 3.08 (1) Appeal
Provisions, the petitioner seeks one (1) variance, Chapter
17--Zoning Ordinance: Section 4.05 (2) C.4, Accessory Uses and
Structures, Permanent Structures. Said regulation states no
detached private garage shall have a floor area greater than 60%
of the floor area of the principal building on the lot.
Petitioner seeks a 80 square foot variance to total 560 square
feet. (only 480 s.f. permitted)
Chairman O'Neil administered an oath to David Conely. Mr.
Conely stated he currently has a 17' x 25' deep block garage
with a 7 foot overhead door. His vehicles do not fit side by
side inside because of the width. He owns three vehicles and a
boat. He is requesting a 20' wide x 28' deep new garage with in
the conformance area. The garage would be deep in space for
length wise due to the offset requirements and the additional
space would give him needed storage area. His home has no
basement or attic storage area.
Mr. Trejo stated under the 60% rule, a 480 sq. ft. garage would
be allowable, he is 80 feet short for his request. The proposed
garage would fit within the offset and setback. The existing
garage was built prior to the 1963 Ordinance and is to close to
the lot line. An alternative to the variance would be to attach
the garage to the home.
Mr. Conley stated his hardship is a lack of storage, his house
was originally a cottage, and the narrowness of the parcel
leaves him with no other alternative. He is willing to remove
the existing garage to allow for the larger one which would
enable him to park more than one vehicle inside.
Appeal #23-97, Gary and Joanne Webb, S70 W17575 Muskego Drive,
Tax Key No. 2176.169. Under the direction of Section 3.08 (1)
Appeal Provisions, the petitioner seeks (2) variances:
1. Chapter 17-zoning Ordinance: Section 4.06 (2) A.1 Legal
Nonconformity: Classification and Regulation. No such
Mr. Schneider stated he would be removing an old structure and
replacing it with a new one, increasing the value of the
surrounding properties and making the area more attractive.
DELIBERATIONS:
Appeal # 21-97 Mr. Brandt stepped down during the deliberations.
Mr. Schepp made a motion to approve the appeal as submitted.
Mr. Ross seconded. It was determined that no hardship existed,
the appellant still had the options of removing the existing
barn, modify it, expanding it, or expanding the existing
attached garage. Upon roll call vote, motion failed. 3-1 (Mr.
Schepp voting yes).
Mr. Brandt returned to his chair.
Appeal #22-97 Mr. Schepp made a motion to approve the appeal as
submitted. Mr. Brandt seconded. It was discussed that the lot
is uniquely shaped and the dwelling unit small in comparison to
the required zoning minimum square footage. The petitioner can
not attach the garage, since the home is nonconforming. And the
lack of a basement makes a good argument for the need for
increased storage. Mr. Schepp made a motion to amend the
approval to include that the existing garage and slab must come
down within 30 days after final inspection. Mr. Brandt
seconded. The dead end street was also taken into consideration
for allowing the appeal. Upon roll call vote, the motion
carried 4-1 (Mr. Schneiker voted
no).
Appeal #23-97 Mr. Brandt made a motion to approve the appeal as
submitted. Mr. Ross seconded. It was determined there is a
hardship for the dormers (lack of storage because of a partial
basement). The members discussed reorientation of the garage to
be within the setback and offset. It was agreed upon to defer
the garage and driveway request for 60 days and for a new
drawing be submitted. Mr. Brandt made a motion to amend the
variance request and approve only the addition of the dormers
and defer the remaining appeal until revised drawings are
submitted within a 60 day period, Mr. Ross seconded. Upon roll
call vote, the amended appeal was approved unanimously.
APPEAL #24-97 Mr. Brandt made a motion to approve appeal as
submitted. Mr. Ross seconded. Discussion ensued regarding the
existing garage and the lack of a hardship for this request.
Upon roll call vote, the appeal was denied. (5-0).
OLD BUSINESS:
APPEAL #20-97 Mr. Schepp made a motion to approve a request to
reconsider Appeal #20-97. Mr. Schneiker seconded. The Board
agreed that no new evidence has been submitted to justify a
rehearing and that not being in attendance at the scheduled
meeting justified a need for rehearing. Upon a roll call vote,
the motion to approve the reconsideration was denied, 4-0. (Mike
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 Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M.,
Thursday, August 28, 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 JULY 24, 1997, MEETING
5. OLD BUSINESS
Request to reconsider Appeal # 20-97.
Signing of decision letters for June and July meetings.
6. NEW BUSINESS
Appeal # 21-97
Edward and Sandra Kogutkiewicz
S 103 W 19439 Kelsey Drive
Tax Key No. 2285.997.001
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
1. Chapter 17--ZoningOrdinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent
Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of
the floor area of the principal building on the lot. Petitioner seeks a 128 square foot variance to total
1,440 square feet. (only 1.312 s.f. permitted)
Appeal 922-97
David Conley
S70 W 18899 Gold Drive
Tax Key No. 2180.943
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
I. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent
Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of
the floor area of the principal building on the lot. Petitioner seeks a 80 square foot variance to total 560
square feet. (only 480 s.f, permitted)
CITY OF MUSKEGO
BOARD OF APPEALS
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Applicants Name
Subject Property
Application for Variance
Address: W
i
Telephone
Property Zoning ;,,+ �tr,y� Key # 2_*7
Petitioner's relationship
owner lessee
Fees: $195.00
to property (circle applicable):
other
j4Date inspector denied permit: ,AA
*Requesting variance to Section
To allow:
A literal enfo`f:ce#ient ofAthe teims off' the abov-'--referenced sec,�ionl
would result in practical difficulty and unnecessary hardships'
because: J4 c, t[iycd(GU oL l Opt- P&04 d wll&,fin& -
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The variance, if gr�
interest and will be
ted, will not be contrary to the public
in accord with the spirit of the code because:
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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Llifferent Sizes:
"J"'uF1ai reamres
•22' x 22' • 2O, x 22, •20'
22 x 24
x 24' •20' x 28'
•22'
• Gable Entry 1ft ; Double Garage
x 28'
Door
• Available Options:
• 8/12 or 4/12 Pitch Gable Roof
• Slab or Stem Wall Foundation
• Side Window
• Side Personnel Door
• Many Popular Sidings
9
• Affordable Construction
• Materials Lists Included
t 3 Bu ICR-YOUMIf
p ROJECT PLAN
June 26, 1997
Plan Commission, City of Muskego
Re; New two car garage
To all this may concern;
The garage we would like to be able to build would be a 22wide by 24 deep,two car
garage. We would prefer an 8' x 16' raised panel steel overhead door. Also a service
door on the south side of the garage, steel. A window on the eastern end is also planned.
As well a 6/12 pitch roof is preferred, but no less than a 4/12. it would be sided in a
`Khaki' color. Either vinyl or aluminum, with matching soffitts and fascia. That is $
color very close to the color of our home. Barley'. The roof would be a 20/25 year
shingle to match the house. We are looking for quality with very low maintenance. The
garage would open to the driveway we have, on the northeast edge of the existing 2402
stable. (please see enclosed plat/drawings).
Odr purpose for this garage is to store collector/hobby cars. Our home, without the
porches,garage,etc. is, according to our building contract a minimum of 2250 sq.' on the
main floor.
Thank you for your kind attention and consideration. It is very much appreciated.
Respectfully,
Ed and Sandi Kogutkiewicz, S 103 W 19439 Kelsey Dr.,
Muskego. 414-679-4667
encl. picture, survey/plat, building materials,
CONSTRUCTION INFORMATION SHEET
Address of Property it
The zoning district
The setback requirement
Type of Structure
Offset Requirement
Storage Shed Garage
Barn Pole Barn
Size of Structure�"2-Size of Lotdd0 1(3 Oe5
Proposed Use of Structure
Parking
Cold Storage
Flammable Storage
Housing of Livestock
Will Building Require:
• Electrical. Service/.V+ Fing
Plumbing
List A1.1; e� ,t " :,- �ered within prcrc z.' structure
*., .
{equipment, mater.Ils, supplies, vehicles, etc.j
Signature of P ifttio�ner
Address
Planning & -Development
Phone
Date
Dated
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