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Zoning Board of Appeals 25-1993CITY OF MUSKEGO BOARD OF APPEALS DATE 8-17-93 NAME Peter-Panganos ADDRESS S75 W17536 Janesville Road TELEPHONE' PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS S75 W17536 Janesville Road SUBDIVISION LOT BLOCK TYPE OF ZONING B4/OED V,RIhNCE REQUESTED: Requesting a setback variance of 30 feet from Section 17: .14 (3) requirement of 40 feet, to allow construction of a new resturant within 10 feet of Park Drive (based on 60 foot R.O.W). REASON FOR VARIANCE REQUEST: $80.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID E-t -91 RECEIPT NUMBER 86712 DECISION OF THE BOARD OF APPEALS CHAIRMAN VICE-C' MEMBER MEMBER MEMBER FIRST ALTERNATE SECOND ALTERNATE .11 Date Z �`7 APPROVED DE" CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON AUGUST 26, 1993. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Fohr, Mr. Terry O'Niil, Mr. Robert Vitt, Mr. Pionek and Mr. Chuck Dykstra. EXCUSED ABSENT: Mr. Erno, Mr. Rowinski and Mr. Berken. MINUTES: Mr. Terry O'Neil made the motion to approve the minutes of the June 24, 1993 meeting with the correction of stating Mr. Erno and Mr. Pionek were excused absent and all appeals were approved with role call vote. Mr. Vitt seconded, motion carried. APPEAL #22-93 - Mr. Dennis Wolken, W170 S6771 Timber Court, Muskego, WI 53150, appeared requesting 1 variance: 1) A 2 foot side yard offset variance from section 17:8.06(3) requirement of 20 feet, to allow the corner of a CABANA structure 18 feet from the N/W property line. Mr. Dykstra informed the board that a RS1 lot has 40-20-20 offsets. They are good size offset and large lots. Mr. Wolken explained to the board that the concrete is surrounding the pool and the fence has a gate where he is proposing to build the cabana. This is the only location available to him, and there is a slope at the rear of the property. The cabana would be only 18 inches over the offset area in one corner. The cabana would be used to store equipment. Mr. Wolken presented the board with a letter from his neighbor stating he has no objection to this proposed building. Mr. Vitt asked if this building would be storage only. Mr. Wolken stated yes. APPEAL #23-93- Richard Schmidt, W179 S6650 Ranch Drive, Muskego, WI, appeared to request: 1) A 2 foot, 6 inch side yard offset variance from Section 17:08.07(3) requirement of 20 feet to allow a detached garage to be constructed within 17 feet, 6 inches of the east property line. Mr. Dykstra explained a RS2 zoning is a denser zoning, smaller lots than a RS1. The offsets are 15-20-20. The variance is for the rear of the property. The property has a waterway near the backside of the proposed garage and existing structure. BOARD OF APPEALS AUGUST 26, 1993 Mr. Schmidt stated he would be removing the old garage and pouring a new slab. Mr. O'Neil questioned the location of the well and if fill would be required. Mr. Schmidt explained the well would be 8 feet from the structure and that fill would not be required. There will be no diverting of water caused by this proposed garage. Mr. O'Neil questioned the location of the neighbor to the rear of Mr. Schmidt. Mr. Schmidt stated his neighbor is is 26 feet, six inches from his lot line, there is 45 to 46 feet between houses. APPEAL 24-93 - Thomas Dahlman, S91 W12847 Boxhorn Drive, Muskego, WI, appeared to request: 1) A 480 foot variance from Section 17:6.04(4)G.2.c., requirement of 800 feet, to allow parking of commercial vehicles within 320 feet of surrounding homes in a predominately developed area. Mr. Dykstra informed the board that this location is zoned R-2, designated by large 60,000 square feet parcels. However, it does not allow for parking commercial vehicles with three or more homes closer than 800 feet radius. Mr. Dahlman is requesting parking his fuel oil truck along side his new pole barn. The nearest home is 480 feet away. Mr. Dahlman stated the vehicle is a fuel oil truck and he participates in the Emergency Energy Program. His intention is to plug the truck in overnight during the winter months to guarantee his truck will start. Mr. Dahlman is moving his operation from the Durham Road to this location. Mr. Vitt questioned if this vehicle could not fit in the pole barn. Mr. Dykstra explained the pole barn was built for the agricultural end of his business and he can not have commercial equipment located inside. Mr. Dykstra stated he encouraged Mr. Dahlman to upgrade the pole barn when built, but Mr. Dahlman did not want to get the required approval from the State to allow this building to be dual purpose. Mr. Vitt asked how many trucks Mr. Dahlman owns of this type. Mr. Dahlman only has one fuel truck. The three dozers are used in conjunction with the farm and will be allowed inside the pole barn. Mr. O'Neil asked what type of surface the parking pad would have. Mr. Dahlman stated he would be putting down recycled asphalt. Mr. O'Neil question how much of the area would have this applied. Mr. Dahlman replied he would be applying this to his driveway and a 50 x 50 foot area or 50 x 100 foot area, which every the board would require. BOARD OF APPEALS AUGUST 26, 1993 Mr. Pionek asked what happens to a variance if this property is divided. Mr. Dykstra stated a variance goes on the property and is recorded with the city. APPEAL 25-95 - Peter Panganos, prospective buyer of S75 W17536 Janesville Road, Muskego, WI, appeared to request: 1) Requesting a setback variance of 30 feet from Section 17:8.14(3) requirement of 40 feet, to allow construction of a new restaurant with 10 feet of Park Drive, based on 60 foot R.O.W. 2) Requesting a setback variance of 18 feet from Section 17:8.14(3), requirement of 40 feet, to allow construction of a new restaurant within 22 feet of Janesville Road, based on a 120 foot R.O.W. Mr. Dykstra explained this is a B-4 (Business) OED overlay zoning (residential use) allowing for a reduction in setbacks. Jim Mahos, consulting engineer, acted as agent for Mr. Panganos. Mr. Mahos explained the building was moved to the east side of the property to eliminate cars on the street. They will be installing a sidewalk inside the lot line. Also, delivery trucks will not have to back out onto Park Drive. Chairman Fohr opened up the floor to questions from the residents. Mr. Rick Struck from Lake Drive asked the capacity of the parking now. He also stated there is a problem enforcing the no parking now, this would just aggravate the situation. Mr. Mahos stated there are 32 on site parking stalls with added parking across the street for employees. Mr. Mike Schulte, Bay Breeze concerned about future expansion of Janesville Road and what will become of the restaurant at that time, if the variance were to be granted. Fred Meyer, Harbor Circle, concerned about vision setback. He presented the board with a petition signed by 82 residents objecting to 144 seat restaurant and opposed to granting a zoning variance. John Ingersoll, developer Bay Breeze, concerned that Mr. Panganos has not produced a certified survey map, everyone should be required to follow the same requirements. Mr. Dykstra stated there has been a map provided, it is in the building, just not available. Mr. Ingersoll asked about the City's outdated ordinances for requiring parking spaces. BOARD OF APPEALS AUGUST 26, 1993 Glenda Homes, resident on Lake Drive, works across the street, she is concerned about safety of workers crossing street to park, and using private property to park customers. George Parthenon informed the group that a child had been hit by a vehicle and safety should be the first concern. There was a discussion regarding the expansion of a nonconforming property. A resident asked what will happen to the parking area in winter. Mr. Mahos stated that Plan Commission approved snow to be removed from site. Also, only parking for 17 cars is required by ordinance. Collette Giefer, developer Bay Breeze concerned about future widening of Hwy L, they had to leave space available for future widening. Linda Schulte resident of Bay Breeze is concerned this restaurant is too big for this lot. Mike Schulte, resident Bay Breeze, is concerned about safety, much more traffic, increase hours of operation. Sim Steimel, Harbor Circle, questioned the hardship, he feels the owner is imposing his own hardship. Bob Wollman, Durham Drive, requesting that parking on Park Drive be eliminated. Also, please remove menu board from vision site. Dick Sandretti, concerned about the ability of semi trucks delivering to restaurant. Realtor Bruce Tripplet stated he has found someone who wants to enhance property. This is a B4 zoned area, there are several of other business not as acceptable. The present owner has a liquor license. Mr. Bob Vitt has questions to ask, however, there is no one here to answer them! THE MEETING REMAINED IN OPEN SESSION. APPEAL 22-93 - Dennis Wolken, W170 S6771 Timber Court, Muskego, Wisconsin. Hardship being topography. Mr. Vitt made the motion to grant the variance as submitted. Mr. O'Neil seconded, motion carried upon voice vote. APPEAL 23-93 _ Richard Schmidt, W179 S6650 Ranch Drive, Muskego, Wisconsin. Mr. O'Neil made the motion to grant the variance as submitted with proper re -enforcement of the southeast corner of slab for future erosion. The hardship is the location of home and also the lack of proper storage. Mr. Pionek seconded, motion carried upon voice vote. BOARD OF APPEALS AUGUST 26, 1993 APPEAL 24-93 - Thomas Dahlman, S91 W12847 Boxhorn Drive, Muskego, Wisconsin. Mr. Fohr made the motion to approve the appeal as submitted (one fuel truck), the hardship being the 24 hour emergency energy program, with the condition that the variance is invalid if the property is ever transferred or divided. APPEAL 25--93 - Peter Panganos, S75 W17536 Janesville Road, Muskego, Wisconsin. Mr. O'Neil made the motion to deny the variance as requested due to lack of appropriate hardship. In the future, any effort to resubmit would require a certified survey. Mr. Vitt seconded, upon voice vote, motion carried. Adjourn: Mr. O'Neil made the motion to adjourn at 10:40 p.m. Mr. Vitt seconded, motion carried. Respectfully submitted, Susan J. Schroeder 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 S8200 Racine Avenue, at 7:-30 P.M., Thursday, August 26, 1993, to consider the following appeals: Appeal #22-93 Mr. Dennis Wolken W170 S6771 Timber Court (lot 73) Muskego, WI 53150 Requesting 1 Variance: 1)� A 2 foot sideyard offset variance from Section 17:8.06(3) requirement of 20 feet, to allow the corner of a CABANA structure 18 feet from the N!W property line. ZONING: RS1 Appeal #23-93 Mr. Richard Schmidt W179 S6650 Ranch Drive Muskego, WI 53150 Requesting 1 Variance: 1) A 2 foot, 6 inch sidevard offset variance from Section 17:8.07(3) requirement of 20' to allow a detached garage to be constructed within 17 feet, 6 inches of the East property line. ZONING: RS2 Appeal #24-93 Mr. Thomas Dah_nan S91 W12847 Boxhorn Drive Muskego, W1 53;30 Requesting 1 Variance: 1) A 480 foot •rari ante from Section 11:6.04(4)G.2.c., requirement of 800 f_e-, to allow narking of commercial vehicles within 320 feat of surrounding homes in a predominarely developed area. Zoning: R2 Appeal #25-93 M_. Peter Panganos S75 W17536 Janesville Road Muskego, WI 531-50 Requesting 2 Variances: 1) Requesting a setback variance of 30 feet from Section 17:8.14(3) requirement of 40 feet, to allow construction of a new resturant with''n 10 feet of Para Drive (based on 60 foot R.O.W.). 2) Requesting a setback variance of 18 feet from Sect:.on 17:8.14(3), requirement of 40 feet, to allow construction of a new resturant within 22 feet of Janesville Road (based on 120 foot R.O.W.). Zcning: B4/OED 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 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 inspections az the Clerk's office. All interested parties will be given an opportunity to be heard. . Board of Appeals City of Muskegc Gerald Fohr, Chairman ZS-9 3 CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Subject Property Address: Tel e hone f - q 5� - s' Property Zoning: V:�, Q Key # Petitioner's relationship to property (circle applicable): owner lessee` a er Fees: $80.00 Date inspector denied permit: "V/; /�� Requesting variance to Section J To allow: -3 r-, .r-'s «i R,-) C, k-� !"20P,-7 �aU Lle A?!, A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: R �J i DA U / cU ' y' r $ N car rf� /fdr✓Cc- /it f'tiS P Le j S, �s ,tea.✓- (oN �n�',� %'� r%c ,if .._� ;3 , v ., Ci#N�/ET I ri'""— � �- ?'Y"c•.. [ I' + y' 72y9 rY;"C C/�['/'�r3 % /L'7�% The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: btJ '! C / a r• i 2 o J 7 -L-t C F F"N �, ; d r' +�J i� Y �i9C��tI S �i tj The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: Page I of 2 TM O M:BOAVAR 4-8-93 Zi-'11MrN r""- 6 1 _.� , ✓ 1 � '•' ^ � �,/ / / / it Yo Gu POLE 1t11 Q Q61 nl �5 �• � •� ICI �; 5�,,, CA IN SCAUd'