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ZBA-Minutes 24-1990CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON SEPTEMBER 27, 1990. Chairman"Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: - Chairman'Gerald Fohr, Vice Chairman Terry O'Neil, T Tomas Berken, Bonnie Posbrig, Lloyd Erno, and Director -Gerald Lee. BS�ENT: Mr. Pionek and Mr. Rowinski. MINUTES: Mr.-ITMeil made a motion to approve the Minutes of the August 23, 1990 meeting and Mr. Berken seconded. Upon a voice vote the motion passed unanimously. APPEAL 21-90 - NEAL WALLNER - Chairman Fohr read the appeal for Neal Wallner, S68 W Koso Drive, Muskego, WI requesting an 8' setback variance to facilitate drainage for new residential construction. Zoning: RS-2/OPD. Chairman Fohr asked Mr. Lee to brief the board members about the zoning requirements and bring them up-to-date on the case. Mr. Lee stated that this is in a new subdivision -- Lot 9, Golden Country Estates. The topography slopes down to the street and in order to provide drainage around the building, they have requested to place the building closer to Koso Drive. Chairman Fohr asked Mr. Wallner to present his case and hardship. He stated that the subdivision has an architectural control committee. The developer will grant approval if the city grants the variance. He would like to build his house 8' closer to the road. He presented papers to the board which were signed by the neighbors, Jefferson & Kim Peters (Lot 8) and Kent Kosobucki, the developer supporting this variance request to enable them to better facilitate drainage away from the rear of the home. Mr. Berken asked if any other houses had been moved closer? Mr. Lee responded no. He commented that the grades are pre-engineered. Chairman Fohr told Mr. & Mrs. Wallner they will try to reach a decision tonight and he could call the Building Inspection office in the morning or wait for the decision to be mailed to him within five (5) days. APPEAL 22-90 - LYNN BICHLER - Chairman Fohr read the appeal for Lynn Bicher, the archi for Mr. & Mrs. Fred Meyer, W183 S6570 Jewel Crest Drive, Muskego, WI requesting a 3 3/4 offset variance and a 5' setback variance to construct a residential building addition with deck and enclose an entryway. Chairman Fohr asked Mr. Lee to brief the board members on the zoning requirements. He stated the request is for an addition to an existing non -conforming building because of its location, size of lot -- the setback is non -conforming and a variance must be granted. Chairman Fohr asked Ms. Bichler to present their case and hardship. She stated the Meyer's are not Pg. 2 increasing the requirement but keeping the same line of the building by maintaining the 3' from the lot line. This is a duplex. The owner lives on the lower lake level. They need another exit and will be creating a balcony. There are a few architectural issues. Mr. O'Neil asked if the square footage creates an issue? Mr. Lee responded no. It is classified as a duplex but not zoned as such. The Meyer's don't want to lose the duplex status or will have to revert back to a single family. They pay a sewer service charge as a duplex. Mr. Meyer presented letters from their neighbors living to the north and south, who have seen the plans and have no objection. She presented the letters to the recording secretary. There was some discussion about the existing setbacks. Mr. Erno commented that this addition would not infringe on any lot lines. Chairman Fohr told Ms. Bichler and Mr. & Mrs. Meyer they will try to reach a decision tonight and he could call the Building Inspection office in the morning or wait for the decision to be mailed to him within five days. APPEAL 23-90 - MICHAEL SEKULA/MARY SALENTINE - Chairman Salentine read the appeal or Michael Se a Mary Salentine, W165 S8266 Kurtze Lane, Muskego, WI requesting 276 square foot size variance from Section 4.105(2) C 4 of the Zoning Ordinance, plus 216 square foot Building Code variance from Section 30.43(3)(c) of the Building Code to construct a 26' x 36' detached garage. Chairman Fohr asked Mr. Lee to brief the board members on the zoning and building requirements. He stated that the 26' x 36' garage exceeds the 60% size of the existing home. The frame constructed garage should not exceed 720 square feet in area. This request requires variances from two codes. Chairman Salentine asked Mike Sekula and Mary Salentine to state their case and hardship. Mike Sekula stated the house will be constructed at a later date and then it would not exceed the 60% requirement. They have three vehicles to store in the garage, plus a boat and other things. He has letters from neighbors accepting his proposal, which were presented to the recording secretary for the file. Mr. O'Neil asked when the new house will be built? Mr. Sekula responded in 5-8 years. The house will match the garage vinyl exterior. Mr. O'Neil asked if the existing house will be leveled or the base used? Mr. Sekula didn't know. The new house will be 2 1/2 stories -- part of the basement on the lake side will be living space. Mr. Erno had some suggestions for the roof lines to enable it to be attached to the house more aesthetically pleasing. Chairman Fohr informed Mr. Sekula and Ms. Salentine that the board members will try to reach a decision tonight and he could call the Building Inpsection office in the morning for the decision or wait for it to mailed to them within five days. Pg. 3 APPEAL 24-90 - FRANK KOZLIK - Chairman Salentine read the appeal or Frank Kozlik, S67 W21091 Tans Drive, Muskego, WI requesting a 12' offset variance to allow for a residential building addition. He asked Mr. Lee to brief the board members on the zoning requirements. Mr. Lee stated this house is in a rural residential district requiring large lots and the addition would infringe on the lot lines. The area across the street is zoned "quarry" and SEWRPC has wanted it that way for many years. Chairman Fohr asked Mr. Kozlik to present his case and hardship. Mr. Kozlik stated that he has had designers and architects look at the area concerning the well and trees, but there is no way he can avoid cutting trees and digging a new well. The garage has to be moved to the east and they are 4' into the offset already. He is in the process of requesting a variance from the DNR to delay digging a new well. The well can't be in the basement. He presented many drawings of the area. Chairman Fohr informed Mr. Kozlik the board members will try to reach a decision tonight and he can call the Building Inspection office in the morning for the decision or wait for it to be mailed to him within five days. The Board remained in Open Session. (8:20 P.M.) APPEAL 21-90 NEAL WALLNER - The Board briefly discussed t e a ope of the land. Mr. O'Neil made a motion to grant the variance as submitted. The hardship being the topography of the land. Mrs. Posbrig seconded. Upon a roll call vote the motion to grant the variance passed unanimously. APPEAL 22-90 LYNN BICHLER (for Fred Meyer) - The Board felt—t—FirLs-addition would an improvement to the neighborhood. Mr. O'Neil made a motion to grant the variance as submitted. The hardship being the lack of space and the position of the house on the lot. Mr. Berken seconded. Upon a roll call vote the motion to grant the variance passed unanimously. APPEAL 23-90 MICHAEL SEKULA/MARY SALENTINE - The Board felt t e area is being upgraded. There was some concern that the house will be built later. Mr. Erno made a motion to grant the variance as submitted. The hardship being the lack of space for storage. Mr. O'Neil seconded. Upon a roll call vote the motion to grant the variance passed unanimously. APPEAL 24-90 FRANK KOZLIK - The Board had some concerns a out the well. Mr. Neil made a motion to grant the variance as submitted. The hardship being the location of the structure and the non -conforming lot. Mrs. Posbrig seconded. Upon a roll call vote the motion to grant the variance passed unanimously. Pg. 4, Bd. of Appeals Minutes, 9/27/90 MISCELLANEOUS: Appeal 12-90 Soctt Salentine S79 W16111 BaX Lane Place. Mr. Lee brought the board members up-to-date on his contact with Atty. Molter. He stated Mr. Salentine can obtain a permit, but must realize it could be affected by a court case later. A letter was written to Mrs. Scheidler's Atty. and it is his feeling this matter will be settled one way or another soon. ADJOURNMENT: Mr. Erno made a motion to Mr. O'Neil seconded. Upon passed unanimously. /cs adjourn the meeting at 8:50 P.M. and a voice vote the motion to adjourn Respectfully Submitted Cheryl Schmidt Recording Secretary