Zoning Board of Appeals 22-1996'-\ - CITY Of
MUSKEGG,
July 29, 1996
Mr. John E. Studt
S65 W13727 Sherwood Circle
Muskego, WI 53150
RE: Appeal #22-96
Dear Mr. Studt:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your Appeal # 22-96,
was approved for a four (4) foot offset variance to build an
attached pool deck 16' from the rear property line.
Please be appraised that a building and zoning permit is required
prior to commencing building on your property.
Sincerely, /
Sandra S. Asti
W182 S8200 Racine Avenue - Box 903 9 Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
DATE July 25, 1996
NAME John E. Studt
CITY OF MUSKEGO
BOARD OF APPEALS
APPEAL # 22-96
ADDRESS S65 W13727 Sherwood Circle
Muskego, WI 53150
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS S65 W13727 Sherwood Circle
TYPE OF ZONING RS-2
Appeal # 22-96
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
20 feet from the rear property line. Petitioner seeks a four
(4) foot offset variance to build an attached deck pool 16'
from the rear property line.
CHAIRMAN O'NEIL _
VICE-CHAIRMAN SCHEPP
MEMBER SCHNEIKER
MEMBER HERDA
MEMBER BRANDT
MEMBER SCHUSTER (1st. A
MEMBER ROSS (2nd Alt.)_
DECISION OF THE BOARD OF APPEALS
APPROVED DENIED
�VA -� X
Secreta
Date
Mr. Guay (neighbor residing one door south of Mr. Frycienski)
explained that all improvements done by Mr. Frycienski have been
a great improvement to the neighborhood.
Appeal #22-96
John E. Studt,S65 W13727 Sherwood Circle, Muskego, requesting
under the direction of Section 3.08 (1) Appeal Provisions, one (1)
variance: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets. Said regulation restricts the offset
of any structure 20 feet from the rear property line. Petitioner
seeks a four (4) foot offset variance to build an attached deck
pool 16' from the rear property line.
Mr. Trejo described the zoning for the parcel as RS-2, 15,000 S.F.
Suburban Residence District and explained the zoning requirements
for said district.
Mr. Schepp administered an oath to Mr. and Mrs. Studt.
Mrs. Studt explained to the Board that last year they installed an
above ground pool and placed it 21 feet from the rear property
line. Due to safety concerns, Mr. Studt decided to install a wrap
around deck. When applying for permits, he was informed this
would not be possible due that a 20' rear lot line offset that was
required. Mr. Studt presented a letter signed by three
neighbors that border their property. The neighbors stated that
everyone was in agreement and that there were no problems with
proposed deck. Mr. and Mrs. Studt stated their hardship being
the existing location of the pool structure and safety concerns in
regards to having the pool freely exposed.
DELIBERATIONS
APPEAL # 21-96, Mr. Roger Frycienski, W186 S6834 Jewel Crest.
Mr. Schneiker made a motion to approve of variance #1, the setback
variance, and variance #3, the open space requirement per defined
conditions, while disapproving variance #2, the offset from the
northern property line. In regards to variance # 3, the
conditions set were that the petitioner will be allowed to repave
those areas disturbed during the construction of basement and
garage, but in regards to the deck enclosure, the Board felt not
enough information was made available to decide what impacts the
new construction would have to the existing conditions of the deck
and agreed to allow the petitioner 30 days to respond or this will
become a closed issue. The hardship defined was the pre-existing
conditions of the lot and buildings and the narrowness of the
lot. The Board felt the addition would conform to the general
character of the area and would not pose a threat to public
welfare or safety. There was no hardship for variance #2 other
than it being self-imposed. Mrs. Schuster seconded. Upon roll
call vote the motion to grant two of the three variances was
approved unanimously.
APPEAL #22-96, Mr. John Studt, S65 W13727 Sherwood Circle.
Mr. Henry Schneiker made a motion to grant the variance as
requested. The hardship defined is the pre-existing location of
the pool and that the deck enclosure would enhance public safety.
Mr. Schepp seconded. Upon roll call vote, the motion to grant the
variance was approved unanimously.
ADJOURNMENT: Mrs. Schuster
Schneiker seconded. With no
Commission, the meeting was
Respectfully submitted,
0_'4t_ Lt, J. ILL
Sandi Asti
Recording Secretary
made a motion to adjourn. Mr.
further business to come before the
adjourned at 8:30 P.M. Motion carried.
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, W182 58200 Racine Avenue, at 7:00 P.M.,
Thursday, July 25, 1996, to consider the following petitions for
appeals to the Zoning Ordinance of the City of Muskego:
NEW 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-3IOLS, 10,000 S.F. Suburban Residence
District in a rake Shore Overlay
Appeal # 22-96
John E. Studt
S65 W13727 Sherwood Circle
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 20 feet from the rear
property line. Petitioner seeks a four (4) foot offset
BOA 07/25/96
Page 2
variance to build an attached deck pool 16' from the
rear property line.
Zoned: RS-2, 15,000 S.F. Suburban Residence District
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
Terry O'Neil, Chairman
Dated this 11th day of July, 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 Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name —
Subject Property Address: , 20-013` ,)q
Telephone 3M _ %O S D_
Property zoning ('��- • Key # C a I
Petitioner's relationship to property (circle applicable):
owner lessee other
—--,,
Fees: $125.00
Date inspector denied permit:
Requesting variance to Section 'S'_t ttl�o 5,C, 9
To allow:
he v -t 5 �1or.e FC ys -or«\�A cin
A literal enforceof the terms of the above -referenced s ti=bfi'�'1'�
would result in practical difficulty and unnecessary hardship
because:
'1A
The variance, i granted, will not be contr ry to the public
interest and will be in accord with the spirit of the code because:
�0QaJ-\y o oo,�gg��\ h
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
JC_IN 'r.,. .v e V f\UCC es5��p�e
t t tt
7-13-96
Dear Neighbors,
1k t
As you have probably already received a letter from the city letting you know we
are planning on having a deck built around our pool. We want this not only to enhance
the beauty of the back yard but to ensure the safety of all of us. We had to ask for a
variance due to the fact that the deck will be 17 feet off the back lot line. The ordinance or
says you have to be 20 feet. If we do not get our variance we can only build to the end
of the pool leaving the very end of the pool open and exposed to potential dangers. We
have been told by the city that it would help us get approval if we got signatures from
all of the neighbors who's properties adjoin ours. So if you have no problems with our
plans we would like you to please sign and date this letter so we can take it with us
when we go in front of the board.
Thanks for taking the time to read this.
John and Chris Stu t
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