Zoning Board of Appeals 23-1993�taeqo BUILDING INSPECTION DEPARTMENT
4v182 58200 RACINE AVENUE -BOX 903 MUSKEGO, wi 53150,0903 is I a) 679-4i 1 �
Mr. and Mrs. Richard Schmidt
W179 56650 Ranch Drive
Muskego, WI 53150
Dear Mr. and Mrs. Schmidt:
The Board of Appeals wishes to advise you that your request
1) A 2 foot, 6 inch sideyard offset variance from Section
17:8.07(3) requirement of 20 feet to allow a detached garage to
be constructed within 17 feet, 6 inches of the east property
line,
has been granted with the condition that the southeast corner
of the slab be properly reenforced.
Sincerely,
Board of Appeals`
Susan J. Schroeder
Recording Secretary
C..ily of .}ine ke.'aanfiaf, Jndu3lrial and Recreational _7acililie.3
CITY OF MUSKEGO
BOARD OF APPEALS
DATE 8-17-93
NAMERichard Schmidt
ADDRESS W179 56650 Ranch Drive TELEPHONE "
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W179 56650 Ranch Drive
SUBDIVISION LOT BLOCK
TYPE OF ZONING RS2
VARIANCE REQUESTED:
A 2 foot, 6 inch sideyard offset variance from Section 17:8.07(3)
requirements of 20' to allow a detached garage to be constructed within
17 feet, 6 inches of the East.
REASON FOR VARIANCE REQUEST:
$80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID RECEIPT !NUMBER 86555
DECISION OF THE BOARD OF APPEALS
CHAIRM
VICE-C
MEMBER
MEMBER
MEMBER
FIRST ALTERNATE_
SECOND ALTERNATE
Secretary W_ S4 ]
Date i ��
CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS
MEETING HELD ON AUGUST 26, 1993.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Fohr, Mr. Terry O'Niel, Mr. Robert Vitt,
Mr. Pionek and Mr. Chuck Dykstra.
EXCUSED
ABSENT: Mr. Erna, Mr. Rowinski and Mr. Berken.
MINUTES: Mr. Terry O'Neil made the motion to approve the
minutes of the June 24, 1993 meeting with the correction of
stating Mr. Erno and Mr. Pionek were excused absent and all
appeals were approved with role call vote. Mr. Vitt seconded,
motion carried.
APPEAL #22-93 - Mr. Dennis Wolken, W170 S6771 Timber Court,
Muskego, WI 53150, appeared requesting 1 variance:
1) A 2 foot side yard offset variance from section 17:8.06(3)
requirement of 20 feet, to allow the corner of a CABANA
structure 18 feet from the N/W property line.
Mr. Dykstra informed the board that a RS1 lot has 40-20-20
offsets. They are good size offset and large lots.
Mr. Wolken explained to the board that the concrete is
surrounding the pool and the fence has a gate where he is
proposing to build the cabana. This is the only location
available to him, and there is a slope at the rear of the
property. The cabana would be only 18 inches over the offset
area in one corner. The cabana would be used to store
equipment. Mr. Wolken presented the board with a letter from
his neighbor stating he has no objection to this proposed
building.
Mr. Vitt asked if this building would be storage only. Mr.
Wolken stated yes.
APPEAL #23-93- Richard Schmidt, W179 S6650 Ranch Drive,
Muskego, WT, appeared to request:
1) A 2 foot, 6 inch side yard offset variance from Section
17:08.07(3) requirement of 20 feet to allow a detached garage
to be constructed within 17 feet, 6 inches of the east property
line.
Mr. Dykstra explained a RS2 zoning is a denser zoning, smaller
lots than a RS1. The offsets are 15-20--20. The variance is
for the rear of the property. The property has a waterway near
the backside of the proposed garage and existing structure.
BOARD OF APPEALS
AUGUST 26, 1993
Mr. Schmidt stated he would be removing the old garage and
pouring a new slab.
Mr. O'Neil questioned the location of the well and if fill
would be required. Mr. Schmidt explained the well would be 8
feet from the structure and that fill would not be required.
There will be no diverting of water caused by this proposed
garage.
Mr. O'Neil questioned the location of the neighbor to the rear
of Mr. Schmidt. Mr. Schmidt stated his neighbor is is 26 feet,
six inches from his lot line, there is 45 to 46 feet between
houses.
APPEAL 24-93 - Thomas Dahlman, S91 W12847 Doxhorn Drive,
Muskego, WI, appeared to request:
1) A 480 foot variance from Section 17:6.04(4)G.2.c.,
requirement of 800 feet, to allow parking of commercial
vehicles within 320 feet of surrounding homes in a
predominately developed area.
Mr. Dykstra informed the board that this location is zoned R-2,
designated by large 60,000 square feet parcels. However, it
does not allow for parking commercial vehicles with three or
more homes closer than 800 feet radius. Mr. Dahlman is
requesting parking his fuel oil truck along side his new pole
barn. The nearest home is 480 feet away.
Mr. Dahlman stated the vehicle is a fuel oil truck and he
participates in the Emergency Energy Program. His intention is
to plug the truck in overnight during the winter months to
guarantee his truck will start. Mr. Dahlman is moving his
operation from the Durham Road to this location.
Mr. Vitt questioned if this vehicle could not fit in the pole
barn. Mx. Dykstra explained the pole barn was built for the
agricultural end of his business and he can not have commercial
equipment located inside. Mr. Dykstra stated he encouraged Mr.
Dahlman to upgrade the pole barn when built, but Mr. Dahlman
did not want to get the required approval from the State to
allow this building to be dual purpose.
Mr. Vitt asked how many trucks Mr. Dahlman owns of this type.
Mr. Dahlman only has one fuel truck. The three dozers are used
in conjunction with the farm and will be allowed inside the
pole barn.
Mr. O'Neil asked what type of surface the parking pad would
have. Mr. Dahlman stated he would be putting down recycled
asphalt. Mr. O'Neil question how much of the area would have
this applied. Mr. Dahlman replied he would be applying this to
his driveway and a 50 x 50 foot area or 50 x 100 foot area,
which every the board would require.
BOARD OF APPEALS
AUGUST 26, 1993
Mr. Pionek asked what happens to a variance if this property is
divided. Mr. Dykstra stated a variance goes on the property
and is recorded with the city.
APPEAL 25-95 - Peter Panganos, prospective buyer of S75 W17536
Janesville Road, Muskego, WI, appeared to request:
1) Requesting a setback variance of 30 feet from Section
17:8.14(3) requirement of 40 feet, to allow construction of a
new restaurant with 10 feet of Park Drive, based on 60 foot
R.O.W.
2) Requesting a setback variance of 18 feet from Section
17:8.14(3), requirement of 40 feet, to allow construction of a
new restaurant within 22 feet of Janesville Road, based on a
120 foot R.O.W.
Mr. Dykstra explained this is a B-4 (Business) OED overlay
zoning (residential use) allowing for a reduction in setbacks.
Jim Mahos, consulting engineer, acted as agent for Mr.
Panganos. Mr. Mahos explained the building was moved to the
east side of the property to eliminate cars on the street.
They will be installing a sidewalk inside the lot line. Also,
delivery trucks will not have to back out onto Park Drive.
Chairman Fohr opened up the floor to questions from the
residents.
Mr. Rick Struck from Lake Drive asked the capacity of the
parking now. He also stated there is a problem enforcing the
no parking now, this would just aggravate the situation.
Mr. Mahos stated there are 32 on site parking stalls with added
parking across the street for employees.
Mr. Mike Schulte, Bay Breeze concerned about future expansion
of Janesville Road and what will become of the restaurant at
that time, if the variance were to be granted.
Fred Meyer, Harbor Circle, concerned about vision setback. He
presented the board with a petition signed by 82 residents
objecting to 144 seat restaurant and opposed to granting a
zoning variance.
John Ingersoll, developer Bay Breeze, concerned that Mr.
Panganos has not produced a certified survey map, everyone
should be required to follow the same requirements. Mr.
Dykstra stated there has been a map provided, it is in the
building, just not available.
Mr. Ingersoll asked about the City's outdated ordinances for
requiring parking spaces.
BOARD OF APPEALS
AUGUST 26, 1993
Glenda Homes, resident on Lake Drive, works across the street,
she is concerned about safety of workers crossing street to
park, and using private property to park customers.
George Parthenon informed the group that a child had been hit by
a vehicle and safety should be the first concern.
There was a discussion regarding the expansion of a
nonconforming property. A resident asked what will happen to
the parking area in winter. Mr. Mahos stated that Plan
Commission approved snow to be removed from site. Also, only
parking for 17 cars is required by ordinance.
Collette Giefer, developer Bay Breeze concerned about future
widening of Hwy L, they had to leave space available for future
widening.
Linda Schulte resident of Bay Breeze is concerned this
restaurant is too big for this lot.
Mike Schulte, resident Bay Breeze, is concerned about safety,
much more traffic, increase hours of operation.
Jim Steimel, Harbor Circle, questioned the hardship, he feels
the owner is imposing his own hardship.
Bob Wollman, Durham Drive, requesting that parking on Park
Drive be eliminated. Also, please remove menu board from
vision site.
Dick Sandretti, concerned about the ability of semi trucks
delivering to restaurant.
Realtor Bruce Tripplet stated he has found someone who wants to
enhance property. This is a B4 zoned area, there are several
of other business not as acceptable. The present owner has a
liquor license.
Mr. Bob Vitt has questions to ask, however, there is no one
here to answer them!
THE MEETING REMAINED IN OPEN SESSION.
APPEAL 22-93 - Dennis Wolken, W170 S6771 Timber Court, Muskego,
Wisconsin. Hardship being topography. Mr. Vitt made the
motion to grant the variance as submitted. Mr. O'Neil
seconded, motion carried upon voice vote.
APPEAL 23-93 _ Richard Schmidt, W179 S6650 Ranch Drive,
Muskego, Wisconsin. Mr. O'Neil made the motion to grant the
variance as submitted with proper re -enforcement of the
southeast corner of slab for future erosion. The hardship is
the location of home and also the lack of proper storage. Mr.
Pionek seconded, motion carried upon voice vote.
BOARD OF APPEALS
AUGUST 26, 1993
APPEAL 24-93 - Thomas Dahlman, S91 W12847 Boxhorn Drive,
Muskego, Wisconsin. Mr. Fohr made the motion to approve the
appeal as submitted (one fuel truck), the hardship being
the 24 hour emergency energy program, with the condition that
the variance is invalid if the property is ever transferred or
divided.
APPEAL 25-93 - Peter Panganos, S75 W17536 Janesville Road,
Muskego, Wisconsin. Mr. O'Neil made the motion to deny the
variance as requested due to lack of appropriate hardship. In
the future, any effort to resubmit would require a certified
survey. Mr. Vitt seconded, upon voice vote, motion carried.
Adjourn: Mr. O'Neil made the motion to adjourn at 10:40 p.m.
Mr. Vitt seconded, motion carried.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute
62.23(3) S. that a public hearing will be held at the Muskego
City Hall, W182 S8200 Racine Avenue, at 7:-30 P.M., Thursday,
August 26, 1993, to consider the following appeals:
Appeal #22-93 Mr. Dennis Wolken
W170 56771 Timber Court (lot 43)
Muskego, WI 53150
Requesting 1 Variance:
1) A 2 foot sideyard offset variance from
Section 17:8.06(3) requirement of 20 feet, to
allow the corner of a CABANA structure 18
feet from the N/W property line.
ZONING: RS1
Appeal #23-93 Mr. Richard Schmidt
W179 S6650 Ranch Drive
Muskego, WI 53130
Requesting 1 Variance:
1) A 2 foot, 6 inch sidevard offset variance
from Section 17:8.07(3) requirement of 20' to
allow a detached garage to be constructed
within 17 feet, 6 inches of the East
property
line.
ZONING: RS2
Appeal #24-93 Mr. Thomas Dahlman
S91 W12847 Boxhorn Drive
Muskego, WI 53i30
Requesting 1 Variance:
1) A 480 foot variance from Section
17:6.04(4)G.2.C., requirement of 800
fret, to allow parking of commercial
vehicles within 320 feet of surrounding homes
in a predominaz�aly developed area.
Zoning: R2
Appeal. 1-025-93 Mr. Peter Panganos
S75 W17536 Janesville Road
Muskego, WI 53=30
Requesting 2 Variances:
1) Requesting a setback variance of 30 feet
from Section 17:8.14(3) requirement of 40
feet, to allow construction of a new
re5turant with;n 10 feet of Park Drive
(based on 60 fcot R.O.W.).
2) Requesting a setback variance of 18
feet from Section 17:8.14(3), requirement of
40 feet, to allow construction of a new
resturant within 22 feet of Janesville
Road (based on 120 foot R.O.W.).
Zoning: B4/OED
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 inspections ac
the Clerk's office. All interested parties will be given an
opportunity to be heard. .
Board of Appeals
City of Nuskegc
Gerald Fohr, Chairman
CITY OF MUSKEGO
BOARD OF APPEALS
Ap2lication for Variance
Subject Property Address: 9 .S 6 % -0 q V,
Telephone
Property Zoning: S Key
Petitioner's
owner
Fees: $80.00
relationship to property (circle applicable):
lessee' other
Date inspector denied permit:
Requesting variance to Section �3
To allow:
A literal enforcement of
would result in practical
because:
The variance,
interest and
because:
the terms of the above -referenced section
difficulty and unnecessary hardship
if granted, will not be contrary to the public
will be in accord with the spirit of the code f
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
Page 1 of 2
T.XTFORM:HOAVAR
4-8-93
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