ZBA-Minutes 24-1991CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING ON AUGUST 22, 1991.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Fohr, Vice -Chairman Terry O'Neil, Lloyd Erno,
Thomas Berken, Darryl Rowinski and Director Chuck Dykstra.
ABSENT: Bonnie Posbrig and Donald Pionek.
MINUTES: Mr. Erno made a motion to approve the minutes of the
July 25, 1991 meeting and Mr. O'Neil seconded. Upon a voice vote,
the motion to adopt the minutes passed unanimously.
APPEAL 21-91 - Mike Kempen, W143 56785 Tess Corners Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Kempen
requesting a 57 sq. ft. size variance for a second garage
structure. Zoning: RS-3. Mr. Dykstra reported to the Board
that the RS-3 zone district contains large residential lots. Mr.
Kempen appeared before the Board and stated he would like to
construct this structure to store cars, one pick up truck and a
boat in the future. Mr. Fohr commented that there were numerous
construction vehicles parked outside and questioned whether these
would be parked inside the garage as well. Mr. Kempen stated that
the construction vehicles would remain outside. Mr. Dykstra
informed the Board that Plan Commission approval is still required
to build this second garage structure. Mr. Kempen stated that he
was aware of that.
APPEAL 22-91 - Bernard and Teri Evans, S69 W13830 Tess
Corners Drive, Muskego, Wisconsin. Director Dykstra noted to the
Board that Mrs. Evans was not present in the audience, but was
expected to appear. Therefore, the Board decided to go on to the
next appeal and come back to Appeal 22-91.
APPEAL 23-91 - Lars Petersen, S75 W13863 Bluhm Ct., Muskego,
Wisconsin. Chairman Fohr read the appeal for Mr. Petersen
requesting an 8' offset variance on the west side of proposed
dwelling. Zoning: RS-2. Mr. Dykstra explained that the zoning
requires 15' and 20' side offsets. Mr. Petersen's proposed house
has a 15' side offset on the east side and a 12' side offset on
the west side, thus requiring the 8' variance. This lot is in the
West Lake Estates Subdivision, which is not a PUD, therefore the
developer cannot grant a variance for offsets. Mr. Carstensen,
the builder, appeared before the Board along with Mr. Petersen.
He stated that the developer told him the side offsets were 15'
and 10'. He spent three months designing the home and feels that
it would suffer greatly if the space were lost. Mr. Petersen's
plans call for a 2,500 square foot ranch to be built. The Board
asked if a reversal of the plan would be considered. Mr.
Carstensen responded yes. Mr. Berken asked what the hardship was
in this case. Mr. Carstensen responded that the developer had
Minutes of Board of Appeals
August 22, 1991 Meeting
Page 2
given him the incorrect offsets. He attempted to redesign the
home, but feels that the particular layout of this home would
suffer which would be a disadvantage to his client. Since the
home is to be a ranch style, it requires more space be taken up on
the lot.
APPEAL 24-91 - Phillip Eidler, S74 W13800 Courtland Lane,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting a
382 sq. ft. variance over size allowed without firewall. (Request
no firewall). Zoning: RS-2. Mr. Dykstra reported to the Board
that Mr. Eidler has a 9 acre lot, which is considerably larger and
unusual for the RS-2 zoning district. He has received Plan
Commission approval for the second garage structure, which will be
at least 100' from the house. He was not aware that he would need
a variance. The structure is to be 1,102 sq. ft. A firewall is
required in any structure over 720 sq. ft. Therefore, Mr. Eidler
is requesting the variance. Mr. Eidler appeared before the Board
and presented a diagram showing the placement of his vehicles
inside the garage without the firewall. If the firewall is
constructed, it would reduce his space and he will lose two
parking places. He presented the Board with a diagram showing
this also. He is requesting the variance because he would like to
store all his vehicles in the structure and believes without the
firewall he would be able to so. The firewall would add an extra
cost to the construction of the structure and would reduce
maneuverability. Mr. Eidler also presented the Board with a list
of other building inspection departments he contacted indicating
size and firewall requirements. Mr. Dykstra stated that Mr.
Eidler could construct a much larger structure due to the fact
that his lot is so large.
APPEAL 25-91 - Edwin Frami, W184 56595 Jewel Crest Drive,
Muskego, Wisconsin. Mr. Fohr read the appeal requesting a 15'
5" setback variance for an addition. Zoning: RS-3 OED.
Mr. Dykstra explained the zoning district and variance to the
Board. Mr. Frami appeared and stated that he needs more space.
He will be putting in a full basement and will be removing the
addition that is there. He believes it will improve the
appearance and value of his property. The Board questioned Chuck
Dykstra if Ruby Drive was in line for any future development. Mr.
Dykstra responded not in the near future.
APPEAL 22-91 - Bernard and Teri Evans, S69 W13830 Tess
Corners Drive, Muskego, Wisconsin. The Board decided to hear this
appeal despite the absence of the appellant. Mr. Dykstra informed
the Board of the situation in this case. Mr. and Mrs. Evans do
not have a garage at the present time. They do, however, have a
20 x 20 shed and barn on the property which can be used for the
storage of vehicles. The variance is needed because the present
outbuildings and proposed, detached garage exceed 1% of the lot
size.
The Board remained in Open Session.
Minutes of Board of Appeals
August 22, 1991 Meeting
Page 3
APPEAL 21-91 - Mike Kempen, W143 56785 Tess Corners Drive.
The Board discussed the appeal with some members expressing
concern about the use of the building since Mr. Kempen is in the
masonry business. Mr. Fohr made a motion to grant the 57 sq. ft.
size variance for a second garage structure. The hardship being
lack of storage space for vehicles. Mr. Erno seconded. Upon a
roll call vote, the motion to adopt passed unanimously.
APPEAL 22-91 - Bernard and Teri Evans, S69 W13830 Tess
Corners Drive. Mr. Erno made a motion to grant the 1,371 sq. ft.
size variance for a detached garage. There was concern about the
grade elevation for the garage. Mr. Dykstra stated that he
would address this matter when the building permit is issued
through his department. The hardship being lack of garage area on
the property. Mr. Berken seconded. Upon a roll call vote, the
motion to adopt passed unanimously.
APPEAL 23-91 - Lars Petersen, S75 W13863 Bluhm Court.
Mr. O'Neil made a motion to grant the appeal for an 8' offset
because of the style of the proposed house and necessary lot size
is lacking. Mr. Rowinski seconded. Upon a roll call vote, the
following members voted to adopt the motion: Mr. Fohr, Mr.
O'Neil, Mr. Erno and Mr. Rowinski. Mr. Berken voted against.
APPEAL 24-91 - Phillip Eidler, S74 W13800 Courtland Lane.
Mr. Erno made a motion to grant the appeal requesting no
firewall. The hardship being lack of storage area. Mr. O'Neil
seconded. Upon a roll call vote, the motion to adopt passed
unanimously.
APPEAL 25-91 - Edwin Frami, W184 S6595 Jewel Crest Drive.
Mr. Berken made a motion to grant the appeal requesting a 15' 5"
setback for addition. The hardship being the configuration of the
existing house and the need for living space and limited size of
the lot. Mr. Fohr seconded. Upon a roll call vote, the motion to
adopt passed unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Fohr requested that the recording secretary inquire into
the issuance of picture identification tags for the members to
have when making on site inspections.
ADJOURNMENT:
There being no further business, Mr. Berken made a motion to
adjourn and Mr. O'Neil seconded. Upon a voice vote, the motion to
adjourn passed unanimously. The meeting was adjourned at 9:00 P.M.
Respectfully submitted,
Jill Blenski
Recording Secretary
Mu
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a public hearing will be held at the Muskego City
Hall, W182 58200 Racine Avenue, at 7:30 P.M., Thursday, August 22,
1991 to consider the following appeals:
Appeal 21-91 MIKE KEMPEN
W143 S6785 Tess Corners Dr.
Muskego, WI 53150
Requesting a 57 sq. ft. size variance
for a second garage structure.
ZONING: RS-3
Appeal 22-91 BERNARD & TERI EVANS
S69 W13830 Tess Corners Dr.
Muskego, WI 53150
Requesting a 1,371 sq. ft. size
variance for a detached garage.
ZONING: RS-2
Appeal 23-91 LARS PETERSEN
S75 W13863 Bluhm Ct.
Muskego, WI 53150
Requesting an 8' offset variance
on west side of proposed dwelling.
ZONING: RS-2
Appeal 24-91 PHILLIP EIDLER
S74 W13800 Courtland Lane
Muskego, WI 53150
Requesting a 382 sq. ft. variance
over size allowed without firewall.
(Request no firewall).
ZONING: RS-2
Appeal 25-91 EDWIN FRAMI
W184 56595 Jewel Crest Drive
Muskego, WI 53150
Requesting a 15' 5" setback
variance for addition.
ZONING: RS-3, OED
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will 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
Gerald Fohr, Chairman
Dated this 12th day
of August, 1991
CITY OF MUSKEGO
BOARD OF APPEALS
DATE
NAME E10LE/L
ADDRESS 2') -1 t UO0 L /�- � w TELEPHONE q2
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS Jc>
SUBDIVISION LOT BLOCK
TYPE OF ZONING Z
VARIANCE REQUESTED:
REASON FOR VARIANCE REQUEST:
$35.00 FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID f f,2 RECEIPT NO. /
DECISTna nr TWr Rneon nr AVVreT c
CHAIRr
VICE-C
MEMBEP
MEMBEP
MEMBER
FIRST
SECOND
Secretary
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