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Zoning Board of Appeals 25-1992CITY OF MUSKEGO BOARD OF APPEALS DATE (Cl- to - i.)- NAME , - ADDRESS TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS � oFA N r 5 � iltolF�� Tflo�j��?S SUBDIVISION W �78T J"A�JESVII�� RD. LOT BLOCK TYPE OF ZONING �r3 1-v �� tpF�ss�6�� Aflo N�gi-vary ft-r►�� � 2 q 5 R�''�r VARIANCE REQUESTED:. �ELOC� r �x�Si ►� r- c�F �vtLo C� �SLA►�� t'+��ry iv - r _u c C rL 1 K W V� �1 .. f. { f S LA'-�.. 'Tik ►� v REASON FOR VARIANCE REQUEST: 1 c $35.00- FEE TO BE PAID AT TIME OF APPLICATION: DATE PAID - = RECEIPT NO. DECISION OF THE BOARD OF APPEALS pproved Refuse CHAIRMAN VICE - C HA I R.MAN_ MEMBER MEMBER MEMBER FIRST ALTERNATiE SECOND ALTERNATE G i '' Secretary ' Da t e CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JUNE 25, 1992 Vice Chairman Terry O'Neil called the meeting to order at 7:30 P.M. PRESENT: Vice Chairman Terry O'Neil, Lloyd Erno, Thomas Berken, Darryl Rowinski, Robert Vitt, and Chuck Dykstra, Sr. ABSENT: Gerald Fohr, Donald Pionek MINUTES: Mr. Rowinski made a motion to approve the minutes of the May 28, 1992 meeting, and Mr. Vitt seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 23-92- Harry Krase, S69 W17741 Wildwood Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 514" offset variance from west property line and 358 sq. ft. size variance and elimination of the required firewall for garage reconstruction. Zoning: RS-3/OED. Mr. Dykstra explained that he would like to amend the variance for the west side to 8'7" and to include a 718" variance to the south property line. The existing garage had been granted an appeal in the past to increase the size of the garage so it is approved to be in that location. To put a building back in the spot would need no variance whatsoever. It can legally be in the area for that size. The question being he wants to expand it to the west and on the south side, he would be extending it 4' farther to Wildwood Drive. That 4' is not in the original approval and so he would need a variance for the 4' of the 718" that we are talking about from that south property line. The building would normally be allowed 480 sq. ft. based on 60% of the home size. The existing building is 602 sq. ft. and approved by the Board previously so the existing is in compliance. They desire to make this 960 sq. ft. minus the 602 sq. ft. that is allowed gives the 358 sq. ft. variance required. Obviously at 960 sq. ft., we are over the 720 sq. ft. maximum limit if we are not going to include any type of firewall. To go over the other two variances that we amended to, the 514" had been previously calculated to the west and we had neglected to notice that the home itself already occupies the narrowest offset (of the two offsets, one is bigger) and we were allowing one on one side the garage and the other on the other side of the garage, yet the home is so close to the property lines that it has to take the narrower (closest) offset and that changes the one on the west. We are actually looking for an 817" variance from the required to the west line and a 718" variance from the required to the south line and a 358 sq. ft. size variance, and variance to required firewall. Mr. Harry Krase appeared before the Board. He is going to tear Minutes, Board of Appeals, June 25, 1992 2 down the existing garage and reuse the materials in constructing a new garage. The garage will be used for storage, cars, boats, tires, lawn mowers, tools. There is no height variance. He was not the original owner when the first variance was approved. James Sass, S70 W17764 Muskego Drive, owner of Lot #13, appeared to express his concern that if the variance is given, Mr. Krase's problem will become his problem. He mentioned that Mr. Krase had a lot of junk in his yard. He was against the variance being approved. Chuck Dykstra clarified that the garage would not be any closer to Lot #13, but it would be closer to Lot #9. Cynthia Waters, W177 S6981 Wildwood Drive, complained about the junk and is afraid more junk would be accumulated and affect the property values. She presented a letter from the neighbors to the Board members. The neighbors have no objection to the garage if the yard is cleaned up. APPEAL 24-92 - Laverne Brown, S70 W17536 Muskego Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal for a 1016" variance from Muskego Drive to construct front porch with roof that will include ramp for wheelchair access. Zoning: RS3/OPD. Mr. Dykstra stated that the petitioner wants to build a standard front porch on their house which will be covered by a small roof. The required setback is 701; 30' which is one-half of the 60' right-of-way and the 40' required setback. It is possible to reduce that amount through averaging adjacent properties and count the existing buildings for the averaging purposes which will bring the required amount to 67.5 from the center line. They are proposing to have this set at 57 feet which leaves 1016" setback variance that they are requesting from Muskego Drive. Mr. Brown said that in addition to providing the porch itself, it would make it easier for his wife who uses a wheelchair to gain access to the home. By adding a porch and ramp, she'll be able to maneuver her chair more independently. APPEAL 25-92- Johnny's Petroleum Products, S76 W17871 Janesville Road, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal to relocate existing vehicle fueling island canopy to east loading island and install new vehicle fueling island canopy. Zoning: B-3. Chuck Dykstra explained that the B-3 zoning is a zoning intended primarily for business use. He would like to amend the setback variance requested to a smaller amount, from 2916" to 1616" and a height variance may have to be added. Anthony Kotkowski, the contractor, stated the clearance for the facia would be 1416". There would be a 6" drop for lights. Clearance to the bottom of the lights would be 141; clearance to the bottom of the facia would be 1416". It is a 3' facia. Chuck Dykstra said that a 15' height is allowed so a variance of 2'6" is required; therefore amend the variance to include. Mr. Kotkowski explained that Johnny's wants to use the space to facilitate a greater flow of traffic by adding the third island to the north. Existing islands serve four cars, by adding an island, can increase service to six cars without increasing hoses. He wants to give comfort to Minutes, Board of Appeals, June 25, 1992 3 the island by adding a canopy. Chuck Dykstra stated that the structure is to be about 8' from the set back line, the tavern to the west is encroaching into the setback line. Body shop to the east is approximately 17'6" from the setback to the east line. There were no additional comments from the audience. APPEAL 26-92: Don Guay, W190 S7052 Wentland Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 1316" setback variance from Wentland Drive to construct an attached garage to the north of existing home. Zoning: Rs-3/OED. Chuck Dykstra explained that this is an older development with non -conforming structures (referring to location). Almost all of the structures on this street are closer than the required setback in existing zoning. Taking into consideration the adjoining properties will allow some averaging. The existing is 44' and property to the south 231; average the two together for a requirement of 3316" setback allowed; therefore a 1316" variance is requested. Mr. Don Guay amended that it would be to the west, not north of existing home. It would be a two -car attached garage. He presented a survey showing that a garage had been there in the past. Garage would be for storage of Corvette, boat, lawn equipment, etc. He would still have two vehicles remaining outside. A firewall would not be needed due to the masonry of the house, but the door would have to be rated. Delores and Kenneth Almli, S70 W19040 Wentland Drive, were present to protest the variance because she has a problem with him and his friend backing over her property. It is not a full size City road. The road is too narrow and there is no room for all the trucks. The City paved the road too close to her property after the sewer was installed. APPEAL 27-92 - Steve Sams, S77 W14255 McShane Road, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 3' height variance for a 101x12' storage shed. Zoning: Rs-2. Chuck Dykstra explained the variance of 3' to put a storage shed in. Shed is 11' and we have an 8' requirement for a shed. We would standardly allow a 9' shed. Storage shed is fairly close to the garage in the drawing and there is no requirement for a firewall between the storage shed and the garage. There is no problem with the location of this structure. Mr. Sams stated that he didn't know about the height requirement. He chose the shed because it was esthetically beautiful. He has a garden tractor with a 60" mower, children's bikes and seasonal equipment to store and his garage is not large enough. There was no response from the audience to this appeal. APPEAL 28-92 - James and Lisa Pruszka, S71 W16110 Susan Court, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 216" height variance to allow shed height Minutes, Board of Appeals, June 25, 1992 4 of 1016". Zoning: RS-2/OPD. Chuck Dykstra stated that there was permit request for a shed that was existing and a deck. They issued the permit for the deck but not the shed because it was too high. The owners didn't know that a permit was required until they were informed by an adjoining property owner. Mrs. Pruszka said they constructed the shed last summer. They were told they could put the shed and deck on the same permit and were told of the 120 sq. ft. maximum size and the offset for the property, but no mention of height. In looking around the neighborhood, he saw 12' and 13' high sheds with no variances and used those as a guideline. The shed is used for storage of bikes, riding lawn mower, tools. It is set on concrete blocks and has a water barrier. Chuck Dykstra clarified that there is no code in Muskego for the floor or anchorage of sheds. No response from the audience to this appeal. APPEAL 29-92 - Christine Howland, W180 S6865 Muskego Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 29' setback variance from Muskego Drive to construct a garage. Zoning: RS-3/OLS. Chuck Dykstra explained that this is an existing, non -conforming lot, narrower than the standard width and on lake shore property so there are several exceptions which will allow it to be as close as the 5' depicted on the drawing to the property line itself. However, the variance is for the distance from Muskego Drive and the distance right now along the north side of the proposed garage from the existing home to the edge of the pavement is about 38' and no other way for the petitioner to put a garage on the property. Ms. Howland stated the garage would be for two cars and would store a small boat above in the garage. If more storage is needed in the future, there is room on the property for a small storage shed on the lake side. The other cars she has can still park out front along the lot line. No response from the audience to this appeal. CLOSED SESSION: Mr. O'Neil moved to convene 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 -hearing; said cases being the above -listed appeals. Mr. Erno seconded. Upon a roll call vote, the motion for closed session passed unanimously. The Board of Appeals reconvened into open session at 9:00 p.m. APPEAL 23-92- Harry Krase, S69 W17741 Wildwood Drive, Mr. Rowinski made a motion to deny the appeal as amended to an 817" variance from the required to the west line and a 7'8" variance from the required to the south line and a 358 sq. ft. size variance, and variance to required firewall. Denial due to no apparent hardship. Mr. Vitt seconded. Upon a roll call vote, the motion to deny the variances as amended passed unanimously. Minutes, Board of Appeals, June 25, 1992 5 APPEAL 24-92 - Laverne Brown, S70 W17536 Muskego Drive. Mr. O'Neil moved to grant the variance as submitted. The hardship being the apparent physical handicap of the owner. Mr. Vitt seconded. Upon a roll call vote, the motion to grant the 10'6" setback variance passed unanimously. APPEAL 25-92: Johnny's Petroleum Products, Inc., S76 W17871 Janesville Road. Mr. Rowinski made a motion to grant the variance as amended to 1616" setback variance and 216" height variance. The hardship being to conform to existing neighboring building and structure locations along Janesville Road. Mr. Erno seconded. Upon a roll call vote, the motion to grant the appeal as amended passed unanimously. APPEAL 26-92 - Don Guay, W190 S7052 Wentland Drive. Mr. Vitt moved to grant the variance as submitted. The hardship is that he needs a place to park his vehicles and right now lacks garage space. Mr. Berken seconded. Upon a voice vote, the motion to grant the 1316" setback variance from Wentland Drive passed unanimously. APPEAL 27-92 - Steve Sams, S77 W14255 McShane Road. Mr. O'Neil moved to grant the variance as submitted. The hardship being lack of storage space. Mr. Erno seconded. Upon a voice vote, the motion to grant the 3' height variance for the storage shed passed unanimously. APPEAL 28-92 - James and Lisa Pruszka, S71 W16110 Susan Court. Mr. Vill made a motion to grant the variance as requested based upon the lack of storage area. Mr. O'Neil seconded. Upon a voice vote, the motion to grant the 2'6" height variance for the storage shed passed unanimously. APPEAL 29-92 - Christine Howland, W180 S6865 Muskego Drive. Mr. Erno made a motion to grant the 29' setback variance from Muskego Drive. The hardship being the need for a garage. Mr. O'Neil seconded. Upon a roll call vote, the motion to grant the 29' setback variance passed unanimously. ADJOURNMENT There being no further business, Mr. Berken made a motion to adjourn and Mr. Erno seconded. Upon a voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 9:35 p.m. Respectfully submitted, Stella Dunahee, CPS for Jill Blenski, Recording Secretary 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, June 25, 1992 to consider the following appeals: Appeal 23-92 Harry Krase S69 W17741 Wildwood Drive Muskego, WI 53150 Requesting a 5' 4" offset variance from west property line, a 358 square foot size variance, and the elimination of a required firewall for garage reconstruction. ZONING: RS-3 OED Appeal 24-92 Laverne Brown S70 W17536 Muskego Drive Muskego, WI 53150 Requesting a 10' 6" setback variance from Muskego Drive to construct front porch with roof that will include ramp for wheelchair access. ZONING: RS-3 OPD Appeal 25-92 Johnny's Petroleum Products, Inc. S76 W17871 Janesville Road Muskego, WI 53150 Requesting a 29.5' setback variance from Janesville Road to relocate existing fueling island canopy. ZONING: B-3 Appeal 26-92 Don Guay W190 57052 Wentland Drive Muskego, WI 53150 Requesting a 13' 6" setback variance from Wentland Drive to construct an attached garage to the north of the existing home. ZONING: RS-3 OED Appeal 27-92 Steve Sams S77 W14255 McShane Road Muskego, WI 53150 Requesting a 3' height variance for a 10' x 12' storage shed. ZONING: RS-2 Appeal 28-92 James and Lisa Pruszka S71 W16110 Susan Ct. Muskego, WI 53150 Requesting a 2' 6" height variance to allow existing shed 10' 6" high. ZONING: RS-2 OPD Appeal 29-92 Christine Howland W180 56865 Muskego Drive Muskego, WI 53150 Requesting a 29' setback variance from Muskego Drive to construct a garage. ZONING: RS-3/OLS 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 June, 1992