Zoning Board of Appeals 23-1996I f=
August 26, 1996
Mr. Robert L. Prah
W188 S7688 Oak Grove Drive
Muskego, WI 53150
Dear Mr. Prah:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your Appeal #23-96, was
approved for the setback location. However, the offset location
was denied for a lack of hardship.
Please be advised a building permit is required prior to commencing
building on your property,
Sincerely,
Susan J. Schroeder
Recording Secretary
C (C-)77FLj
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
DATE August 22, 1996 APPEAL # 23-96
NAME Robert Prah
ADDRESS W188 S7688 Oak Grove Drive
Musks o WI 53150
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W88 S7688 Oak Grove Drive
TYPE OF ZONING RS-3/OED
Appeal # 23-96
Robert L. Prah, W188 S7688 Oak Grove Drive, 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.
DECISION OF THE BOARD OF APPEALS
Robert Prah, w188 87688 Oak Grove Drive, Muskego, requester under the direction of Section 3.08 (1) Appeal
Provisions :
1. Chapter 17--Zoning Ordinance: Section 5.02(1) Building Location: Setbacks. Said regulations requires a
minimum 55 foot setback from the road center line. Petitioner seeks a 20 foot variance to permit a detached
garage located 35 feet from the center of the road.
Approved as submitted.
2. Chapter 17--Zoning Ordinances Section 5.02(3) Building Location: Offsets. Said regulation restrict the
offset of any structure five (5) feet from the nothern property line. Petitioner seeks a 2.7 foot offset
variance to build a detached garage 2.3 feet from the nothern property line.
Denied as submitted.
CHAIRMAN 0 ' NE I L dL�:I C�Gc
VICE-CHAIRMAN SCHEPP
MEMBER SCHNEIKER
MEMBER HERDA
MEMBER BRANDT
MEMBER SCHUSTER (lSt.
MEMBER ROSS (2nd Alt.
t.)
Secretary _
r
Date <�, • -
, AGENDA
CITY OF MUSKEGO
v
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, 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 56834 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--ZoningOrdinance: 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
G�� r
t1a
Robert L. Prah
W188 57668 Oak Grove Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17-Zoninq Ordinance_: Sections 5.02 (1)
Building Location: Setbacks. Said regulation requires
BOA 08/22/96
Page 2
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--ZoningOrdinance: 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-1�6,square foot variance to
permit a -7-20 square foot garage (��%) detached garage.
� Lk-: e.- ,. 7 y
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:
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
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 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.
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.
NSf $USINESS 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--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 feet from the northern property line.
Mr. Trejo explained the RS-3 /OLS zoning and the minimum required
601 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. S roeder
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name Ago, sx-
Subject Property Address: eVAPIP S%adp
Telephone
Property Zoning �Lt)S _)L "S Key
Petitio 's relationship to property (circle applicable):
owner lessee other
Fees: $ .00
JUL + 4 996
Date inspector denied permit:
Requesting variance to Section MUSKECO PLANNING
To allow:
ti
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because: 1
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The variance, if granted, will not be contrary to
the public
interest any� dwill be in accord with the spirit of
the code
because:
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The variance, if granted, will not adversely affect public
safety
or jeopardize public welfare because:
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