Zoning Board of Appeals 27-1994*�- X - q k�
l� i u6lzeY o
SEPTEMBER 23, 1994
Mr. James Jezo
S64 W18186 Martin Drive
Muskego, WI 53150
BUILDING INSPECTION DEPARTMENT
W182 S8200 RACINE AVENUE • BOX 903 • MUSKEGO, WI 53150.0903 • (414) 679-41 10
RE: S64 W18186 Martin Drive
Dear Mr. and Mrs. Jezo:
The Board of Appeals wishes to advise you that your request for
a variance to allow the construction of a garage has been
granted.
Please be advised that a building permit is required prior to
any construction.
Sincerely,
B ARD OF APPEALS
Susan J. Sc roeder
Recording Secretary
CC: Chairman Pionek
Cede of Sint le"iarnlia[l -9nau.�lria[ andAecreafeonu! 5acibies
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON SEPTEMBER 22, 1994.
PRESENT: Chairman Donald Pionek, Mr. Dan Schepp, Mr. Dave
Warhanek, Mr. Henry Schneiker, Mr. Terry O'Neil, and Mr. Chuck
Dykstra, Sr.
EXCUSED ABSENT: Mr. Gerald Fohr and Mr. Darryl Rowinski.
Chairman Pionek called the meeting to order at 7:30 P.M.
MINUTES: Mr. Dan Schepp made the motion to approve the minutes
of August 25, 1994, with the correction of eliminating the last
sentence in Appeal #25-94. Mr. Dave Warhanek seconded, upon
voice vote, the motion to adopt the minutes passed unanimously.
Mr. Dan Schepp made the motion to approve the minutes of the
September 8, 1994, Special Board of Appeals minutes. Mr. Henry
Schneiker seconded. Upon voice vote, the minutes passed
unanimously.
APPEAL # 24-95 - Mr. Randy Wegener, W162 S7913 Baylane Place,
Muskego, Wisconsin. Chairman Pionek read the appeal for Mr.
Wegener. 1) Requesting a 11'3" streetside setback variance
from Sections 17:8.08(3) and 17:9.07(3) requirements of 30'10"
by average to allow the construction of an addition 19'7" from
base setback line.
Mr. Terry O'Neil administered a testimonial oath to Mr. Wegener.
Mr. Chuck Dykstra, Sr., reported on the history of this house.
The house was moved onto this property in 1988. May, 1988 a 11'
offset variance was granted. June, 1988, Gene Kovacs reported
the variance was not needed that the property no longer needs a
variance because it is in conformance to the zoning regulations.
Mr. Randy Wegener is requesting to put an addition of a 20' x
28' room to the west side of his home. The space between the
garage and house, the addition would be extended out two feet.
The architect and builder feel this would add character to the
house. The addition would have a full basement. Mr. Wegener
intends to bring in fill.
Mr. Pionek questioned why the addition is necessary. Mr.
Wegener stated he intended to build an addition since he moved
the house onto the property. His family has grown and the
current house has only 1,000 square feet. He intends to build a
family room and master bedroom on the second story.
APPEAL #26-94 - Ms. Darlene Martins, S79 W16197 Bay Lane Place,
Muskego, Wisconsin. Chairman Pionek read the variance
requested. 1). Requesting a variance from Section 17:4.05(2)
A.1. which specifies that a legal non -conforming structure shall
not be expanded or enlarged except in conformity with the
regulation of the district in which it is located. To allow the
expansion of a structure that currently encroaches on a
neighboring property by 1'6". 2). Requesting a variance from
Section 17:4.07(2) which stipulates only one principle structure
is permitted on a residential lot. To allow extension of
principle structure to encroach on neighboring property to east
by 8" where a principle structure currently exists. 3)
Requesting a variance from Sections 17:5.02(3)A.1., 17:8.08(3).
and 17:9.04(3) which require a side yard offset of 5'. To allow
the construction of a deck up to the east lot line.
Mr. Terry O'Neil administered a testimonial oath to Ms. Darlene
Martins, Mr. David Martins and Mr. and Mrs. Robert Morency.
Mr. Dykstra explained he was on vacation when this requested was
posted. After speaking with the City Attorney the following
corrections in the request need to be made.
1). Request is in order. 2). The Board of Appeals can not
allow encroachment on neighbor's property, this appeal will not
be heard, per the City Attorney. 3). To read... To allow the
construction of a deck. Mr. Dykstra further went on to explain
after reviewing a survey for S79 W16183 Bay Lane Place, the
house to the east, there appears to be a discrepancy as to the
location of the Martin dwelling. 4). The variance was requested
for S79 W16195, actually the address of this property is S79
W16197 Bay Lane Place.
Ms. Martin explained the bank requested a survey from Retzlaff
when the home was purchased in 1988. She also feels this survey
is wrong. Ms. Martin explained further that she would like to
build a deck over the basement and go out 8' beyond the
basement.
Mr. Terry O'Neil questioned Mr. Dykstra if the City has in its'
possession an accurate survey. Mr. Dykstra feels the two
surveys are in conflict, and no, there is not an accurate survey
available. Mr. Dykstra stated in this case he would request a
third survey hopefully it would prove one of the two available
surveys to be correct.
Mr. Robert Morency is the property owner to the east. He
provided pictures of the location for the members to review.
Mr. Morency requested that the deck be kept inside the five foot
offset area.
Mr. Pionek asked if the Board Members would be in agreement to
request a new survey and hear this appeal at another meeting.
The Board was in agreement.
APPEAL 27-94 - Mr. James Jezo, S64 W18186 Martin Drive, Muskego,
Wisconsin. Mr. Pionek read the request for this location: 1)
Requesting a variance from Section 17:4.06(2)A.l. which
specifies that a legal non -conforming structure shall not be
expanded or enlarged except in conformity with the regulations
of the district in which it is located. Structure currently
violates district regulations as it is located 14'8" from east
lot line when district requires 151. 2) Requesting a variance
from Section 17:8.07(3) which requires a.15' side yard offset.
To allow a side yard offset of 3' from east lot line.
Mr. Terry O'Neil administered a testimonial oath to both Mr. and
Mrs. Jezo. Mr. Chuck Dykstra explained the R52 zoning.
Mr. Jim Jezo explained he is requesting the variances to build a
14' x 22' garage which he needs to house two vehicles, a boat,
and lawn equipment. Mr. Jezo produced a letter from his
neighbor stating there were no objections to the variance being
granted. Mr. Jezo stated the neighbor's garage is ten feet from
his lot line with a hedge row on the other property.
DELIBERATION OF APPEALS
APPEAL #24-94 -- Mr. Randy Wegener, W162 S7913 Bay Lane Place,
Muskego, Wisconsin. Mr. Terry O'Neil made the motion to approve
the variances as submitted. The hardship being the need for
additional living space and the shape of the existing lot.
Granting this variance would not adversely affect public safety
or jeopardize public welfare. Mr. O'Neil also stated the
addition would be approved as two story. Mr. Henry Schneiker
seconded. Upon roll call vote, the motion passed unanimously.
APPEAL #26-94 - Ms. Darlene Martins, S79 W16197 Bay Lane Place,
Muskego, Wisconsin. Mr. Dave Warhanek made the motion to defer
this appeal until a new survey can be produced, the filing fee
would be waived, in addition, neighbor to the east is to be
notified. Mr. Dan Schepp seconded, upon roll call vote, the
motion passed unanimously.
APPEAL #27-94 - Mr. James Jezo, S64 W18186 Martin Drive,
Muskego, Wisconsin. Mr. Terry O'Neil made the motion to approve
the variance as requested, hardship being pre-existing location,
and lack of storage. This variance does not adversely affect
public safety or jeopardize public welfare because the neighbor
is located far enough away from this location. Mr. Dave
Warhanek seconded, upon roll call vote, the motion passed
unanimously.
NEW BUSINESS
Mr. Terry O'Neil made the motion to change the time for the
Board of Appeals meetings from 7:30 P.M. to 7:00 P.M. Mr. Henry
Schneiker seconded. Upon roll call vote, Mr. Schepp voted no,
all others voted in favor. Motion passed.
0bitfel91Sz
Mr. Dan Schepp made the motion to adjourn at 9:30 P.M. Mr. Dave
Warhanek seconded, motion carried.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
Y
JIM & KAREN JEW
SM W18186 MARTIN DR.
MUSKEGO, WI 53150
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name e4 % dep
Subject Property Address: S64 W181� iA D&' Au°heg° 53750 -
Telephone (414J-679-,655
Property Zoning: f�� Key #
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $80.00
Date inspector denied permit:
Requesting variance to Section
To allow:
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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