Zoning Board of Appeals 26-1996CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON SEPTEMBER 26, 1996.
PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Heather
Schuster, James Ross, Mike Brandt and Carlos Trejo. Mr. Herda
arrived at 8:00 P.M.
MINUTES: Schepp made a motion to approve the minutes of August
22, 1996, as presented. Schneiker seconded. Upon voice vote, the
minutes of August 22, 1996, were approved unanimously.
NEW BUSINESS: Appeal # 26-96, Mark Menge, W170 S6971 Southern
Drive, Muskego, REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks two (2) variances: 1.
Chapter 30--Municipal Building Code: Chapter 11--Garages,
Section 30.43 (4) General Requirements: Foundations and Footings.
Said regulation requires an exterior wall curb not less than four
(4) inches above the finished ground grade adjacent to the garage;
Chapter 30--Municipal Building Code: Chapter 11--Garages,
Section 30.43 (5) General Requirements: Floor Surface, said
regulation requires the floor surface of all private garages to be
sloped toward the exterior garage door or opening. Petitioner
seeks not to provide an exterior wall curb and install a flat slab
rather than a sloped one.
Mr. Schepp administered an oath.
Mr. Trejo described the zoning for the Board as RS-1, 20,000 S.F.
Suburban Residence District. Mr. Trejo explained to the Board
that the structure had Plan Commission approval and met all the
zoning requirements. However, upon inspection by the Building
Department, the inspector denied the review because the structure
did not meet the stated code requirements.
Mr. Menge explained he had an inspection on his slab for his
garage, the Inspector disapproved the slab. There are no curbs
and the slab is flat. The contractor laid the slab as built to
avoid the collection of water between the entry way and the
terrain. The hardship stated was the downward slope of the
topography at the garage location. The apron is pitched to
compensate for the flat slab.
Appeal # 27-96Dennis G. Cindric, S70 W19099 Wentland
Drive,Muskego, REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks one (1) variance: 1.
Chapter 17---Zoning Ordinance: Sections 5.02 (3) Building
Location: Offsets. Said regulation restricts the offset of any
structure 4.3 feet from the eastern property line. Petitioner
seeks a zero (0) foot offset variance to build a detached garage
on the eastern property line.
Mr. Schepp administered an oath.
Mr. Trejo described the zoning as RS-3/OED, 11,250 S.F. Suburban
Residence District in and Existing Development.
Mr. Cindric explained when he purchased this property there was a
garage that needed to be removed because it encroached on the west
lot line. The current building director, Mr. Jerry Lee gave him
verbal permission to rebuild in the same location. Mr. Dykstra,
the current building director, however, will not issue a permit
due to the fact it is too close to the west lot line. Mr. Cindric
tried explaining the location of the west lot line, but without
success.
Discussion continued on the reliability of the survey presented
and the precise offset that the new garage would have.
DELIBERATION:
APPEAL #26-97 The Board discussed the requirements set by the
Uniform Building Code, how its application are used throughout the
Southeastern Wisconsin Area, and how contractors should be aware
of these minimum construction standards. Ms. Schuster made a
motion to deny appeal for lack of a sufficient hardship. Mr.
Brandt seconded. Upon roll call vote, motion to deny was
unanimous. (Mr. Herda did not vote, he was not present for the
discussion on this appeal).
APPEAL 127-96 The Board discussed the viability of the survey
presented. Mr. Brandt made a motion to defer for no more than 90
days in order for Mr. Cindric to have a new survey prepared. The
new survey should include the garage location, along with its
dimensions, at least two (2) offset dimensions showing the
distance of the garage from the lot line and existing home. Mr.
Cindric would be allowed to return to the Board of Appeals
without paying additional fees. Mr. Schneiker seconded. Upon
roll call vote, motion to defer was unanimous. (Mr. Herda did not
vote, he was not present for the discussion on this appeal).
MISCELLANEOUS BUSINESS: The meeting for December was scheduled
for December 12, 1996, there will be no November meeting.
ADJOURNMENT: Mr. Schepp made a motion to adjourn. Mr. Herda
seconded. With no further business to come before the Commission,
the meeting was adjourned at 8:30 P.M. Motion carried.
Respectfully submitted,
Susan J. Schroed
Recording Secretary
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 Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, September 26, 1996, 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 22, 1996 MEETING
5. OLD BUSINESS
Signing of decision letters from the August 22, 1996
meeting.
6. NEW BUSINESS
Appeal # 26-96
Mark Menge
W170 S6971 Southern Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 30--Munici2al Building Code: Chapter
11--Garages, Section 30.43 (4) General Requirements:
Foundations and Footings. Said regulation requires an
exterior wall curb not less than four (4) inches above
the finished ground grade adjacent to the garage.
Petitioner seeks not to provided exterior wall curb.
2. Chapter 30---Municipal Building Code: Chapter
11--Garages, Section 30.43 (5) General Requirements:
Floor Surface. Said regulation requires the floor
surface of all private garages to be sloped toward the
exterior garage door or opening. Petitioner seeks a
flat slab not sloped toward opening.
Zoned: RS-1, 20,000 S.F. Suburban Residence District
BOA 09/26/96
Page 2
Appeal # 27-96
Dennis G. Cindric
S70 W19099 Wentland Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 4.3 feet from the eastern
property line. Petitioner seeks a zero (0) foot offset
variance to build a detached garage on the eastern
property line.
Zoned: RS-3/OED, 11,250 S.F. Suburban Residence
District in and Existing Development.
7. Miscellaneous Business.
None
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 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, 1996
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 Muskegc City Bali, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
DATE —September 26, 1996 APPEAL 426-96
NAME MARK MENGE
ADDRESS W170 S6971 SOUTHERN DRIVE
Musks o WI 53150
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W170 S6971 SOUTHERN DRIVE TYPE OF ZONING RS-1
Appeal # 26-96
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two
(2) variances:
1. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (4) General
Requirements: Foundations and Footings. Said regulation requires an exterior wall curb not
lase than four (4) inches above the finished ground grade adjacent to the garage. Petitioner
seeks not to provided exterior wall curb.
2. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (5) General
Requirements: Floor Surface. Said regulation requires the floor surface of all private
garages to be sloped toward the exterior garage door or opening. Petitioner seeks a flat
slab not sloped toward opening.
DECISION OF THE BOARD OF APPEALS
Recuest denied an submitted due to lack of hardship
CHAIRMAN O'NEIL
iC/ /- --t -•t
VICE-CHAIRMAN SCHEPP
MEMBER SCHNEIKER
MEMBER HERDA
MEMBER BRANDT f11,1 VJ'A a f
MEMBER SCHUSTER (1st. Alt.)
MEMBER ROSS (2nd Alt.) VIVW
\1
Date o J
CITY OF MUSKEGO
BOARD OF APPEALS
A22lication for Variance
:Applicants Name "--
Subject Property Address: J✓, 120 .rQL1_tffc2�
Telephone
Property Zoning Key # ,� S
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
--Date inspector denied permit:
Requesting variance to Section r lQat (
To allow: rC o CW
c�; S1Af3
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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