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Zoning Board of Appeals 23-1992Lify (-W-M p BUILDING INSPECTION DEPARTMENT W182 S8200 RACINE AVENUE • 30X 903 • MUSKEGO, W1 53150-0903 • 11414) 679-41 '.0 June 29, 1992 Mr. Harry Krase S69 W17741 Wildwood Dr. Muskego, WI 53150 Dear Mr. Krase: The Board of Appeals wishes to advise you that your request as amended has been denied due to lack of hardship. Sincerely, BOARD OF APPEALS Stella Dunahee, CPS for Jill Blenski Recording Secretary SD/lam cc: Chairman Gerald Fohr City of _line Redidenfia[. Jnau.Sfriaf and Recreational Jatibi¢j CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JUNE 25, 1992 Vice Chairman Terry O'Neil called the meeting to order at 7:30 P.M. PRESENT: Vice Chairman Terry O'Neil, Lloyd Erno, Thomas Berken, Darryl Rowinski, Robert Vitt, and Chuck Dykstra, Sr. ABSENT: Gerald Fohr, Donald Pionek MINUTES: Mr. Rowinski made a motion to approve the minutes of the May 28, 1992 meeting, and Mr. Vitt seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 23-92- Harry Krase, S69 W17741 Wildwood Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 5'4" offset variance from west property line and 358 sq. ft. size variance and elimination of the required firewall for garage reconstruction. Zoning: RS-3/OED. Mr. Dykstra explained that he would like to amend the variance for the west side to 817" and to include a 718" variance to the south property line. The existing garage had been granted an appeal in the past to increase the size of the garage so it is approved to be in that location. To put a building back in the spot would need no variance whatsoever. It can legally be in the area for that size. The question being he wants to expand it to the west and on the south side, he would be extending it 4' farther to Wildwood Drive. That 4' is not in the original approval and so he would need a variance for the 4' of the 718" that we are talking about from that south property line. The building would normally be allowed 480 sq. ft. based on 60% of the home size. The existing building is 602 sq. ft. and approved by the Board previously so the existing is in compliance. They desire to make this 960 sq. ft. minus the 602 sq. ft. that is allowed gives the 358 sq. ft. variance required. Obviously at 960 sq. ft., we are over the 720 sq. ft. maximum limit if we are not going to include any type of firewall. To go over the other two variances that we amended to, the 514" had been previously calculated to the west and we had neglected to notice that the home itself already occupies the narrowest offset (of the two offsets, one is bigger) and we were allowing one on one side the garage and the other on the other side of the garage, yet the home is so close to the property lines that it has to take the narrower (closest) offset and that changes the one on the west. We are actually looking for an 817" variance from the required to the west line and a 718" variance from the required to the south line and a 358 sq. ft. size variance, and variance to required firewall. Mr. Harry Krase appeared before the Board. He is going to tear Minutes, Board of Appeals, June 25, 1992 2 down the existing garage and reuse the materials in constructing a new garage. The garage will be used for storage, cars, boats, tires, lawn mowers, tools. There is no height variance. He was not the original owner when the first variance was approved. James Sass, S70 W17764 Muskego Drive, owner of Lot #13, appeared to express his concern that if the variance is given, Mr. Krase's problem will become his problem. He mentioned that Mr. Krase had a lot of junk in his yard. He was against the variance being approved. Chuck Dykstra clarified that the garage would not be any closer to Lot #13, but it would be closer to Lot #9. Cynthia Waters, W177 S6981 Wildwood Drive, complained about the junk and is afraid more junk would be accumulated and affect the property values. She presented a letter from the neighbors to the Board members. The neighbors have no objection to the garage if the yard is cleaned up. APPEAL 24-92 - Laverne Brown, S70 W17536 Muskego Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal for a 10'6" variance from Muskego Drive to construct front porch with roof that will include ramp for wheelchair access. Zoning: RS3/OPD. Mr. Dykstra stated that the petitioner wants to build a standard front porch on their house which will be covered by a small roof. The required setback is 701; 30' which is one-half of the 60' right-of-way and the 40' required setback. It is possible to reduce that amount through averaging adjacent properties and count the existing buildings for the averaging purposes which will bring the required amount to 67.5 from the center line. They are proposing to have this set at 57 feet which leaves 10'6" setback variance that they are requesting from Muskego Drive. Mr. Brown said that in addition to providing the porch itself, it would make it easier for his wife who uses a wheelchair to gain access to the home. By adding a porch and ramp, she'll be able to maneuver her chair more independently. APPEAL 25-92- Johnny's Petroleum Products, S76 W17871 Janesville Road, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal to relocate existing vehicle fueling island canopy to east loading island and install new vehicle fueling island canopy. Zoning: B-3. Chuck Dykstra explained that the B-3 zoning is a zoning intended primarily for business use. He would like to amend the setback variance requested to a smaller amount, from 29'6" to 16'6" and a height variance may have to be added. Anthony Kotkowski, the contractor, stated the clearance for the facia would be 1416". There would be a 6" drop for lights. Clearance to the bottom of the lights would be 14'; clearance to the bottom of the facia would be 1416". It is a 3' facia. Chuck Dykstra said that a 15' height is allowed so a variance of 216" is required; therefore amend the variance to include. Mr. Kotkowski explained that Johnny's wants to use the space to facilitate a greater flow of traffic by adding the third island to the north. Existing islands serve four cars, by adding an island, can increase service to six cars without increasing hoses. He wants to give comfort to Minutes, Board of Appeals, June 25, 1992 4 of 10'611. Zoning: RS-2/OPD. Chuck Dykstra stated that there was permit request for a shed that was existing and a deck. They issued the permit for the deck but not the shed because it was too high. The owners didn't know that a permit was required until they were informed by an adjoining property owner. Mrs. Pruszka said they constructed the shed last summer. They were told they could put the shed and deck on the same permit and were told of the 120 sq. ft. maximum size and the offset for the property, but no mention of height. In looking around the neighborhood, he saw 12' and 13' high sheds with no variances and used those as a guideline. The shed is used for storage of bikes, riding lawn mower, tools. It is set on concrete blocks and has a water barrier. Chuck Dykstra clarified that there is no code in Muskego for the floor or anchorage of sheds. No response from the audience to this appeal. APPEAL 29-92 - Christine Howland, W180 S6865 Muskego Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 29' setback variance from Muskego Drive to construct a garage. Zoning: RS-3/OLS. Chuck Dykstra explained that this is an existing, non -conforming lot, narrower than the standard width and on lake shore property so there are several exceptions which will allow it to be as close as the 5' depicted on the drawing to the property line itself. However, the variance is for the distance from Muskego Drive and the distance right now along the north side of the proposed garage from the existing home to the edge of the pavement is about 38' and no other way for the petitioner to put a garage on the property. Ms. Howland stated the garage would be for two cars and would store a small boat above in the garage. If more storage is needed in the future, there is room on the property for a small storage shed on the lake side. The other cars she has can still park out front along the lot line. No response from the audience to this appeal. CLOSED SESSION: Mr. O'Neil moved to convene 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 -hearing; said cases being the above -listed appeals. Mr. Erno seconded. Upon a roll call vote, the motion for closed session passed unanimously. The Board of Appeals reconvened into open session at 9:00 p.m. APPEAL 23-92- Harry Krase, S69 W17741 Wildwood Drivt, Mr. Rowinski made a motion to deny the appeal as amended to an 817" variance from the required to the west line and a 718" variance from the required to the south line and a 358 sq. ft. size variance, and variance to required firewall. Denial due to no apparent hardship. Mr. Vitt seconded. Upon a roll call vote, the motion to deny the variances as amended passed unanimously.