Zoning Board of Appeals 25-1997CITY OF DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, AICP
MUSIKEGO Director of Planning
(414) 679-4136
September 26, 1997
Mr. Kenneth J. Liebel
W179 S6948 Elm Drive
Muskego, WI
RE: Appeal #25-97
Dear Mr. Liebel:
The Board of Appeals wishes to advise your appeal from Section
5.02(3)A.1, Building Location, Offsets was approved.
Please be advised a building permit and zoning permit are required
prior to commencing with work on your property. Also, a razing
permit is required to remove your current garage.
If you should have any questions, please contact Carlos Trejo at
679-5674.
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
Appeal #25-97
Kenneth J. Liebel
W 179 S6948 Elm Drive
Muskego, WI 53150
Tax Key No. 2176.022
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance: Chapter l7—Zoning Ordinance: Section 5.02 (3) A.1 Building Location, Offsets. No
structure shall be erected, structurally altered or relocated on a lot except within conformity with the
district it is located. Petitioner seeks a 5.5 foot variance to place a detached accessory building 3.5 feet
from the southeast lot line. (zoning requirement is 9 feet)
Zoned: RS-310ED, Suburban Residence District with an Existing Development Overlay
DECISION OF THE BOARD OF APPEALS
Approve as submitted. The hardship stated was the narrowness of the lot and the pre-existing
location of the garage on the property. Also discussed was the garage as a public safety issue.
Chairman O'Neil
Absent
Approved
Vice C irman Brandt
eDenied
tuber Ross
Approved
Member Schepp
Approved
Member Schneik r
Denied
Member Conley (l st
Approved
Member Herda (2nd Alt.)
LI1dL d Lu. � LI.JCXUA1 WUAAA-.A iJC tiG4a5saly.
Mr. Webb stated that he was unaware of the change and
could accommodate the 20.7 foot setback if he needed too.
Further stated was that if the storage area could be
reduced in size, it would be looked at.
NEW BUSINESS
Appeal # 25-97, Kenneth J. Liebel, W179 S6948 Elm Drive,
Tax Key No. 2176.022 Under the direction of Section 3.08
(1) Appeal Provisions, petitioner seeks one (1) variance:
Chapter 17-Zoning Ordinance: Section 5.02 (3) A.1
Building Location, Offsets. No structure shall be
erected, structurally altered or relocated on a lot except
within conformity with the district it is located.
Petitioner seeks a 5.5 foot variance to place a detached
accessory building 3.5 feet from the southeast lot line.
(zoning requirement is 9 feet. The property is zoned
RS-3/OED, Suburban Residence District with an Existing
Development Overlay
BOA 09/25/97
Page 2
Vice Chairman Brandt administered an oath to Mr. Liebel.
He is requesting to replace an existing 20' X 20' garage
with a new 22' x 22' garage located in the same location.
The existing garage is legal nonconforming, being located
to close to the south property line. It is not feasible
to build the garage further off from the lot line as he
proposes to enclose his deck in the future and would like
to have quick and easy access to the detached garage.
Since the home is legal nonconforming too, attaching the
garage would require a variance also.
Mr. Trejo stated the Plan Department would like to see
this structure brought into compliance. It is an QED,
Existing Development overlay and has been allowed
discounted offsets that take into consideration the
narrowness of the lot. The garage is required to be 9
feet off the lot line. Per the zoning ordinance, when an
individual wishes to replace an existing legal s
nonconforming structure that has not been destroyed by an
uncontrollable circumstance, this is staff's opportunity
to try to get compliance within the lot. There is
considerable space in the rear of the property to move the
structure further back so that it would not interfere with
the deck. Also, the garage could still be altered or
reduced in size to meet the required offset.
Corrected
Appeal # 26-97 Joseph and Mary Jo Garinger, S75 W12494
Coventry Lane, Tax Key No. 2208.014 Under the direction
of Section 3.08 (1) Appeal Provisions, petitioner seeks
one (1) variance: Chapter 17-ZoningOrdinance: Section
5.02 (2) B. Building Location, Setbacks. No structure
ch a 1 1 }-%r_+ merrt on -= -rVtr +-rt rn 1 1 ., a l +-crcri rir r'P1 nr`at- PP'] nn n
BOA 09/25/97
Page 4
allow a 1.5 foot variance for the garage. The deck and
breezeway are within the conformance area, and it is the
size of the storage area attached to the garage that is
causing the need for a variance. That storage area,
proposed as 10 feet in width, could be easily reduced or
moved further north within the conformance area. Upon
roll call vote, motion failed 6-0, due to lack of hardship.
Appeal #25-97 Mr. Schneiker made a motion to approve the
variance as submitted. Mr. Herda seconded. Discussion
ensued regarding the narrow lot and pre-existing location
of garage on the property. The Board also discussed the
location of the garage as a public safety issue, since
this was the primary garage for the residence, requiring
the garage to be located to far from the residence would
not be conducive to harsh weather. Upon roll call vote,
motion carried 4-2. Mr. Conley and Mr. Ross voting nay.
Appeal #26-97 Mr. Schneiker made a motion to approve
variance as submitted. Mr. Ross seconded. A lengthy
discussion ensued regarding the lack of hardship.
Discussion included the pre-existing location of the
residence, and the unique shape of the lot. Upon roll
call vote, motion failed 3-3. Mr. Schneiker, Mx. Herda
and Mr. Conley voting nay.
MISCELLANEOUS BUSINESS December 11, 1997, was chosen for
the November/December meeting.
ADJOURN: Mr. Schepp made a motion to adjourn at 9:30
P.M. Mr. Ross seconded. With no further business to come
before the Board, the meeting adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
4
AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing
will be held in the Muskego Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M.,
Thursday, September 25, 1997, to consider the following petitions for appeals to the Zoning Ordinance
of the City of Muskego:
1. CALL TO ORDER
2. ROLL CALL
3. STATEMENT OF PUBLIC NOTICE
4. APPROVAL OF MINUTES OF THE AUGUST 28, 1997, MEETING
5. OLD BUSINESS
• Signing of decision letters for August.
• Appeal 23-97 (deferred from August meeting)
6. NEW BUSINESS
Appad # 2.5-97
Yu� L Liebel
W179 S6948 Elm Drive
Muskego, WI 53150
Tax Key No. 2176.022
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance: Chapter 17—Zoning Ordinance: Section 5.02 (3) A.1 Building Location, Offsets. No
structure shall be erected, structurally altered or relocated on a lot except within conformity with the
district it is located. Petitioner seeks a 5.5 foot variance to place a detached accessory building 3.5
feet from the southeast lot line. (zoning requirement is 9 feet)
Zoned: RS-3/OED, Suburban Residence District with an Existing Development Overlay
Corrected
Appeal # 26-97
Joseph and Mary Jo Garinger
S75 W 12494 Coventry Lane
Muskego, WI 53150
Tax Key No. 2208.014
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance: Chapter 17--Zoning Ordinance: Section 5.02 (2) B. Building Location, Setbacks. No
structure shall be erected, structurally altered or relocated on a lot except within conformity with the
district it is located. Petitioner seeks a 2 foot variance to place an addition to existing residence 33
feet from Coventry Lane road right-of-way. (zoning requirement is 35 feet)
Zoned: RS-2/OPD, Suburban Residence District with a Planned Development Overlay
BOA 09/25/97
Page 2
Appeal #27-97
Frank Kozlik
S67 W21091 Tans Drive
Muskego, WI 53150
Tax Key No. 2184.995
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the
following 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 a 394
square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is
1,696 sT)
2) Chapter 17—Zoning Ordinance: Section 5.03 Height. No structure shall be erected or
structurally altered to a height in excess of that hereinafter specified by the regulations of that
district. Petitioner seeks a 2 foot variance to construct an accessory building 17 feet in height.
(zoning requirement is 15 feet)
Zoned: RCE, Country Estate
7. Miscellaneous Business.
• Establishing meeting date for November/December meeting
• Review information for revised rules and procedures, application form and handouts
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 arc 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
Terry O'Neil, Chairman
Dated this 12th day of September, 1997
PLEASE NOTE: It is possible that members of and possibly a quorum of members of other
governmental bodies of the municipality may be in attendance at the above -stated meeting other than the
governmental body specifically referred to above in this notice_
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service, contact Jean
K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
xp I(> dam/,
CITY OF 1USKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name /1�`�y.vEjN T/E/3Cy
Subject Property Address: Cv/79 -SGS41,�- /,1-14 ✓ 4
Telephone, S
Property Zoning
Key #
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $195.00
Date inspector denied permit:
Requesting variance to Section
To allow:
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A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
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The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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