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Zoning Board of Appeals 26-1997CITY OF MUSKEGO September 25, 1997 Mr. and Mrs. Joseph Garinger S75 W12494 Coventry Lane Muskego, WI 53150 RE: Appeal #26-97 Dear Mr. and Mrs. Garinger: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 The Board of Appeals wishes to advise your appeal from Section 5.02(2)B. Building Setbacks was denied due to lack of hardship. If you should have any questions, please contact Carlos Trejo at 679-5674. Sincerely, Susan J . SAroeder Recording Secretary W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 9 Fax (414) 679-5614 CITY OF ISKEG-0 NOVEMBER 7, 1997 Mr. and Mrs. Joseph Garinger S75 W12494 Coventry Lane Muskego, WI 53150 RE: Remodeling plans Dear Mr. and Mrs. Garinger: BUILDING DEPARTMENT Chuck D. Dykstra, Sr., Director (414) 679-4145 Inspection Requests (414) 679-4110 Your application for a permit to enclose an existing porch, (application #97-1510), has been denied as a result of the denial of your vairance from the Board of Appeals. Enlosed please find your application material as submitted. Should you have any questions, please contact the Building Inspection Department at 679-4110. Si c ly, (2�� Dave Bessy Inspector CC: Mayor David De Angelis Enclosure W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 a Fax (414) 679-5618 Corrected Appeal #26-97 Joseph and Mary Jo Garinger S75 W 12494 Coventry Lane Muskego, W1 53150 Tax Key No. 2208.014 REQUESTING: Under the direction of Section 3.08 (I) Appeal Provisions, Petitioner seeks one (1) variance: Chapter 17 Zoni&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 DECISION OF THE BOARD OF APPEALS Approve as submitted. The hardship stated was the pre-existing location of the residence and the unique shape of the lot. Absent Chairman O'Neil 7041ad Z 16&111� Approved Vice Ch irman Brandt Approved M ber Ross 73�S—Z G Approved Member Schepp Denied Mem ber Schn iker Denied Member Conley (1 st Alt.) Denied Member Herda (2nd Alt.) l ilJ4I--144,"JJ. ILL 11 Llj .D LJ- 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-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) The property is zoned RS-2/OPD, Suburban Residence District with a Planned Development Overlay Vice Chairman Brandt administered an oath to Ms. Garinger and Bob Prindiville, architect. Mr. Privindiville explained they propose to enclose the porch for needed additional living space. The subdivision architectural committee has approved the proposed expansion. Mr. Prindiville stated they cannot expand the house out the rear of the home because it is not feasible. Mr. Trejo explained this subdivision has a 35 foot setback as part of a Planned Development Overlay, which is 5 feet less that the RS-2 zoning required elsewhere in the City. Mr. Trejo stated that there is no practical hardship being cited and that allowing said variance, because the BOA 09/25/97 Page 3 building has been built according to the zoning or subdivision regulations, sets a bad precedence. Mr. Prindiville stated that the intent is to enclose an " already existing, covered stoop area. That no further infringement within the the setback area will happen. Appeal #27-97 Frank Kozlik, S67 W21091 Tans Drive, Tax Key No. 2184.995. 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) 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 a 384 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement ;Q 1.99F s.fl and 2) Chapter 17-ZoningOrdinance: BOA 09/25/97 Page 9 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, Mr. 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 r_J 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 58200 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 Appeal # 25-97 Kenneth J. Liebel W 179 56948 Elm Drive Muskego, WI 53150 Tax Key No. 2176.022 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (l) variance: Chapter 17—Zoning_0rdinanc:e: 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 Appal # Z6-97 Joseph and Mary Jo Ga UMN S 7 5 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—ZorilnQ 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--ZoningOrdinance: 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 384 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is 1,696 s.f.) 2) Chapter 17—ZoningOrdinance: 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 l7 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 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, 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 Muskegs City Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name ivesErH i "*rZy J0 &krZPrIGEI, Subject Property Address: 5 -715 w l24-9, - cavej jTry( 1._l,1 e Telephone 425'542, Property Zoning R5-2./Oprl Key # Petitioner's relationship to property (circle applicable): owneDr lessee other Fees: $195.00 Date inspector denied permit:_-5EPr 21 11-1-1 Requesting variance to Section CH. 1-1, See_.S,vz�7_)Pa. To allow: THC ,�,.� sr v:.J o , o,,^ 6LAE '-J6 PpWr(yr,J E E Co Ve42 a r::, E.1JT (L Pv (L e-1-#_ . tinw E►J .,c�-t o) r n./7AT E Z VM67 1 i P2ASF_ L-1 ►,1 E A literal enforcement of the terms of the above --referenced section would result in practical difficulty and unnecessary hardship because: TAE- o►JULt f RAc_TIcA L- f1X4,c.E Ta Ef4u.261E Tµg IS To E14c—oSe T14 E -14E5T1Pviec.)-4 AS F5'jq oPoSera • A [-ITERA(__ E14PO,ACE"EoJT WvP-D PrgorlfgrT A14`{ VSEr-VL- 9X.PA-451V&4 eF TfAE Kc",) TI..l"f" f rJ_ 1 Th1E owlifks TIE A171 rnywA.L_ rrAcF_ m45gL)12,Eo p&e. A Q_M v w I t4 Er F-p,,., n> v The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: _18E.JMOEU� E�CPAJQ61orJ VceS Alc-T cezvALCA UR)f4 TRE amie t? QF- A"Irf PVATHEXZ TNA►J TH1= n 14 t&J 4pL/1~p_WC7 The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: NE oPOS>rla ec--> 1L4ZE5 T E a. I`A, ioF TOE C F-0-f-p 2r t e_P.AT1VtJ Tc> E Poa►1t;bTto1'l vfZ SO-FL-111E of T. E RESIt�Ee� DESCRIPTION OF PROPERTY l.,ot T iI 4,1 LAKE aRiTTANY ESTATES, being a subdivision of a part of '�,d .. rthesst 1/4 and Southeast 1/4 of Section 12, Town 5 North, Range 20 East, in the City of Muskego, Waukeaha County, Wisconsin. BUILDING PLANS d CONDITIONALLY APPROVED CITY OF MUSKEGO .�. r DATE -- — _/ 3-- _� ` ..,.. MUSKEOO ZONIN 77d sZ n N Gerald P ee r' t� 0 Buil0i Ins CtPe ��. 0 O ev `f�4> -7 ,., H Imo_ I 774., I � 4 Lo / �, .� „ »r. a '} •. / tl, / , 0 /4 �`rr o'/ / � �rl N aOp3T +us < � a Fps. 4fo 1 : kll;':klr �H! s Nf+L,/Kf DNA, � w i r,• SURVEY CERTIFICATE I HAVE SURVEYED THE ABOVE -DESCRIBED PROPERTY ANO THE ABOVE MAP IS A TRTIE REPRESENTATION THEPEOF AND SHOWS THE SIZE AND LOCATION OF THE PROPERTY. ITS EIITERIOR ROUNDARIES. THE LOCATION Awn nlm F" Unut DESCRIPTION OF PROPERLY Lot T h 1 n LAKS ERMANY ESTATES, being a subdivision of a part of •;,d ..,rtheast 1/4 and Southeast 1/4 of Section 12, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, BUILDING PLANS [ CONDITIONALLY APPROVED CITY OF MUSKEGO DATE MUSKEGO ZONIN J a Gerald P " ee ,r 44� �` • Buildj Ins �tAt;�� t Q ? t ►� 99 q 0 0 tI. 1 �s� 7 11r. d ` a � � � 1/ � •�� •.6 I c �r 'i� 1 0 CO Coo Z��� Eo5 �k� '�1 p ��T/v ro�p r`k � 77J. z f �o?rati^4 � eA 1� 1 � d r ,e � t G '� IS t r•�.� O G 7�l r� 4 4 S o� i 7S • 'a \ � i � � R wAdKfSNA, 4 100 pit Ic SURVEY CERTIFICATE 1 HAVE SUAVEYEb THE ABOVE•Of%CR1SEb PROPERTY AMO THE ARnVF MAP 1% A TRUF RFPRFlFMTaTinn TNFOPne t - )..palki i . KITCIH L_j LLJ U I s'Tr C-4 FPMA!-L .. - - --- -T ---- 9M', F I ewROyN't'417 +ri. ! t;.ILA , P►.►.1 t>,1 ti Ili $ 'h1 0A SE1 1 p�i.tiD■ wj �_ i + To >G,c-?artiCM LxtS'T. Tit-e hwm To RStAA-4,4 pp ON V'Z WA�A.ti F�o.� I r3 is FLPM R-FuAkCA-- W. I NeW IffU1.1.�� �411 vu• Uu��'�. .rEwk --3104 F5 First Floor Plan rA 'ILI 1 G �✓ x O��Dr; "' rr_ � Z999 PP�tM�QrND T2EMdVt GE)LrkNCo 1 ! .mIL z ,; >�'�.u�t; H� (2-'9;la='►.v,�w1a'r1Sr.��t P,.0. 12,- 114." ram'-b-,/aa F ems. zy59 '-h P�Ir� p wo -7 ` 5'/2 " 1- Lj z - �ZEM�V�LXt5i.5URC'AG� 5 'tj A,.lp t+ySTna.a. 1CN C. CJj l LSGNTS ! '4f +sM rvc nX�. 37f-t CAV- All = 31�$ s 'AM 2G1997 1 KEGOZONING D E; S 1 G G R U 1. 'f H R V • ARCHITECT RENOVAT! CONSTRUCTI • 5050 N. Port Washengn 4 1 4 4 6 2. 5 `. DATE $k21,�" SHEET NO. A REVISIONS ------- ------ milli W.- r bimmm oil ��li{`r:twi� U FM MZ 111111111111 Lit, I "d "DAL AP -- - .p. L i c- tii c-;p c. W I �iZUC.E rru`.Fric. 7-of4e Section CITY OF MUSKE(;Oj; August 2, 1997 Bob Prindiville Design Group Three 5050 North Point Washington Road Milwaukee, WI 53217 RE: S75 W 12494 Coventry Lane Dear Mr. Prindiville, DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 In regards to our conversation this afternoon, the proposed covered porch enclosure, at the above stated address, lies within the setback area. Per the City of Muskego Zoning Ordinance, Chapter 17, Section 5.02 (2) B, no building shall be erected or structurally altered, so that it is no closer to the Base Setback Line than the setback distance hereinafter specified by the regulations of the district in which it is located. Per the zoning district for the above stated property, RS-2/OPD, Suburban Residence in a Planned Development Overlay, the established setback distance is 35 feett setback. Furthermore, per the recorded Declaration of Covenants, Conditions and Restrictions, the property owner needs to address Article VIII, Section 14 and Articles IX, Section 3, prior to the issuance of any permits. Enclosed is the Board of Appeals application for the City of Muskego. The filling deadline for the next scheduled meeting of September 25, 1997, is on Wednesday, September 10, 1997. Should you have any additional question, please feel free to contact my office at 679-5674. Sincerely, Carlos Trejo Planning and Zoning Assistant cc: Mayor DeAngelis Alderman Slocomb Matt Sadowski, Plan Director Building Department W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614