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Zoning Board of Appeals 24-1997MUSKEGO September 3, 1997 Mr. Howard Schneider W187 56880 Jewel Crest Drive Muskego, WI 53150 RE: Appeal #24-97 Dear Mr. Schneider: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 The Board of Appeals wishes to advise you that your appeal from Section 4.05 (2)C.4, Accessory Uses and Structures, Permanent Structures was denied, due to the lack of hardship. Also your appeal from Section 5.03 Height to allow a structure to be constructed 24 feet in height was denied, due to lack of hardship. Should you have any questions, please contact Carlos Trejo at 679-5674. Sincerely, Susan J. Sc roeder Recording Secretary W182 S8200 Racine Avenue • Box 903 -, Muskego, Wisconsin 53150-0903 a Fax (414) 679-5614 Appeal #24-97 Howard Schneider W187 W6880 Jewel Crest Drive Tax Key No. 2175.989 and 2175.989.001 Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of the floor area of the principal building on the lot. Petitioner seeks an 813 square foot variance to total 1,280 square feet. (only 467 s.f permitted) 2. Chapter 17—Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet. Petitioner seeks a nine (9) foot variance to build a detached garage 24 feet height. Zoned: RS-3/OED and RS-3/OLS, Suburban Residence District with an Existing Development Overlay and Lake Shore Overlay DECISION OF THE BOARD OF APPEALS Approve as submitted. No hardship stated. Chairman O'Neil Vice Chairman Member Herda Denied Absent Denied Member Schepp K� Denied Member Schneik /I Denied Ross (1 st Alt.) allowable in the existing location because it does not require a permit. But a deck would, an would not be issued a permit because it is within the setback and offset areas. The breeze way and garage are inside the setback area, requiring a 37' variance. Mr. Trejo explained the 50% rule to the Board and stated that the Webbs have bought what they got, a legal nonconforming lot and buildings. They structures may be tended to, within 50% of the assessed value, but may not be increased or further create a nonconforming situation. Mrs. Jane Chrapla is the immediate neighbor on Lake Drive. Mrs. Chrapla stated she paid a premium for her property on Lake Drive and does not wish to have additional driveways on her street. She wants her privacy intact. Mr. Gary Webb stated the hardship is having his home abutting two streets and a majority of his property nonbuildable. Appeal #24-97 Howard Schneider, W187 W6880 Jewel Crest Drive, Tax Key No. 2175.989 and 2175.989.001. Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--ZoningOrdinance: Section 4.05 (2) C.4, Accessory Uses and Structures, Permanent Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of the floor area of the principal building on the lot. Petitioner seeks an 813 square foot variance to total 1,280 square feet. (only 467 s.f. permitted) 2. Chapter 17-Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet. Petitioner seeks a nine (9) foot variance to build a detached garage 24 feet height. The property is zoned RS-3/OED and RS-3/OLS, Suburban Residence District with an Existing Development Overlay and Lake Shore Overlay Chairman O'Neil administered an oath to Howard Schneider. Mr. Schneider stated he wishes to combine the two lots, tear down the existing garage and build a new 32' x 40' x 24' high garage on what is currently known as Parcel 1. He also intends to use the loft area for storage. Mr. Schneider stressed the need for excess storage area in order to maintain the appearance of the lot. Mr. Trejo stated that even with the lots combined, Mr. Schneider is only allowed 457 square feet of garage space. Also, an additional driveway onto Jewel Crest would not be allowed since a share driveway easement exist on the Certified Survey Map. Staff does not recognized a hardship for the excess size and height in this case. A letter is on file requesting this structure not be built, stressing it is too large in comparison to those in the surrounding properties. Mr. Schneider stated he would be removing an old structure and replacing it with a new one, increasing the value of the surrounding properties and making the area more attractive. DELIBERATIONS: Appeal # 21-97 Mr. Brandt stepped down during the deliberations. Mr. Schepp made a motion to approve the appeal as submitted. Mr. Ross seconded. It was determined that no hardship existed, the appellant still had the options of removing the existing barn, modify it, expanding it, or expanding the existing attached garage. Upon roll call vote, motion failed. 3-1 (Mr. Schepp voting yes). Mr. Brandt returned to his chair. Appeal #22-97 Mr. Schepp made a motion to approve the appeal as submitted. Mr. Brandt seconded. It was discussed that the lot is uniquely shaped and the dwelling unit small in comparison to the required zoning minimum square footage. The petitioner can not attach the garage, since the home is nonconforming. And the lack of a basement makes a good argument for the need for increased storage. Mr. Schepp made a motion to amend the approval to include that the existing garage and slab must come down within 30 days after final inspection. Mr. Brandt seconded. The dead end street was also taken into consideration for allowing the appeal. Upon roll call vote, the motion carried 4-1 (Mr. Schneiker voted no). Appeal #23-97 Mr. Brandt made a motion to approve the appeal as submitted. Mr. Ross seconded. It was determined there is a hardship for the dormers (lack of storage because of a partial basement). The members discussed reorientation of the garage to be within the setback and offset. It was agreed upon to defer the garage and driveway request for 60 days and for a new drawing be submitted. Mr. Brandt made a motion to amend the variance request and approve only the addition of the dormers and defer the remaining appeal until revised drawings are submitted within a 60 day period, Mr. Ross seconded. Upon roll call vote, the amended appeal was approved unanimously. APPEAL #24-97 Mr. Brandt made a motion to approve appeal as submitted. Mr. Ross seconded. Discussion ensued regarding the existing garage and the lack of a hardship for this request. Upon roll call vote, the appeal was denied. (5-0). OLD BUSINESS: APPEAL #20-97 Mr. Schepp made a motion to approve a request to reconsider Appeal #20-97. Mr. Schneiker seconded. The Board agreed that no new evidence has been submitted to justify a rehearing and that not being in attendance at the scheduled meeting justified a need for rehearing. Upon a roll call vote, the motion to approve the reconsideration was denied, 4-0. (Mike BOA 08128/97 Page 2 Appeal #23-97 Gary and Joanne Webb S70 W 17575 Muskego Drive Tax Key No. 2176.169 Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks (1) variance: 1. Chapter 17—Zoning Ordinance: Section 4.06 (2) A.I Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks: a. to expand the second Floor 161 square feet of a nonconforming structure, to total 640 square feet. (currently second level contains 479 square feet) b. to expand and construct an attached 10.5' X 12' breezeway and an attached 32' X 20' garage to the southeast corner of a nonconforming structure. c. to expand and construct an attached 720 square foot deck to the northeast corner of a nonconforming structure. 2. Chapter 17—Zoning Ordinance: Section 5.02 (2) A Building Location, Setback:. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located: Petitioner seeks: a. a 50 foot setback variance to add an attached breezeway and garage 20 feet from the centerline of the Lake Drive right-of-way. (zoning requirement is 70 feet) b. a 15 foot setback variance to add an attached deck to the primary structure 25 feet from the Muskego Drive right-of-way. Zoned: RS-3/OED, Suburban Residence District with an Existing Development Overlay Appeal #24-97 Howard Schneider W 187 W6880 Jewel Crest Drive Tax Key No. 2175.989 and 2175.989.00I Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances.- 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of the floor area of the principal building on the lot. Petitioner seeks an 813 square foot variance to total 1,280 square feet. (only 467 s.f. permitted) 2. Chapter 17—Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet. Petitioner seeks a nine (9) foot variance to build a detached garage 24 feet height. Zoned: RS-3/OED and RS-3/OLS, Suburban Residence District with an Existing Development Overlay and Lake Shore Overlay CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name 4tLW r— Subject Property Address: F8_d ; c Cr Telephone og 7y " 'V3W Property Zoning Key # Petitioner's relationship to property (circle applicable): owner \ lessee other Fees: $125.00 Date inspector denied permit: Reauestinq variance to Section To allow: A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: S'e R The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: , w \J r V r - -c i W IyNrOJ v�ovs�N OD ES ' x! `ssauro0 saTv OSTU ' IK `O?a3lsnW ls� 'ZS R-4rIT 'S ZOt�S 'JQ 490.11 Tanar cZLn-rm ` * sa8u;ua0.zx •S gdasor :iotan-znS NS74ad saol3 :Matti! oVt 0 Vt It s 7 `c F-id in Q I h \� 100 OZS 4 ~ �[�:,,GShSo68 S 1 S3M oD tz yN r ssn7a.o ^00S/2 v c P o p. ail OS DID b9Z `Od t `1 4 • i 7J7.7?(b'd owsn �taM o +�h.tz 0 / 7331ld/ o - 2 • O - �r• P C` DO .S'/2 ew �i • � 1 v � _ _ �r7� ,ar► 6 0 3„os,}►5 �B N 1Str3 ` � _ _ 1—,�,.es•aci — ��?� 1r° � II-CY 3 , a '1- r I a o,enS 1s3y� 73M3r �� 'TS3Alaf0 193YO 73A AP a 1 �'1 F N7079 / 107 ' r Z .V907B I 107 J h kA /1V907 ' ` oBns 1s3y� 73M3r � 3NI71S3M 3r/1 Dl 037rl3y333d 3HpS_-t+V/flVW ~ A r� L j, w F rdlOJ pB1�5 77N/OBnS1�?73�O G J✓9 1107 � bC✓> 3 'S - 3d/d Afo&/ „ 2 `ONTO& 0 A O SS 10D-4 7p'3.'V/7 yid S9 7 F/% 0 `3d/d NDb/ „ bZ X „ 1 O * 0 y N �'T'� Da-s-� 33s A.4 13S 7/D'N ;Wdr u *x~i I�ti IA rj $ — a Cy « f/� AfS 2� $ or, oo as r= or o !� o IID St 4 � 2JK ! I �r�� • u ^�`tustlsls 0 r ^O a• Li ytvcr+ovVO7 vtgvnj -14VA4 o.a1irr371 s9r��+� {) •f *f YO! J'LA Z Aw as 1410 IrAr aVJ V S SYrD "'A NO& —wo' Al -r-s -03s iv 1// m'S 3N1 jo 'r07 AS 'N m LA Eli lip q 'I W, I , Lx***s � ---''------' ti 4 � iLil � 1� a U 3 II � I r► 1p �- � D J n o n n August 25, 1997 - t Board of Appeals Planning Department City of Muskego Attn: Mr. Terry O'Neil, Chairman Dear Members: Since we are unable to attend the meeting on August 28, 1997, we thank you for giving us the opportunity to be heard through our letter. We would like to express our concern on the petition for two(2) variances to the zoning ordinance. Howard Schneider is requesting an additional 813 square feet or a 274% increase in floor area alone, and a nine(9) foot or a�W/o increase in height to build a detached garage as per appeal #24-97. /60-,i r- Our belief is that these types of buildings have no business being built in a designated residential area. For this reason, zoning ordinances have been put into place. We are also concerned about what future owners would do with a building of this size and are firmly against anything like this now and in the future. Respectively Yours, Michael A. Koelpin Judith A. Koelpin W187 S6866 Jewel Crest Drive Muskego, Wl 53150