Zoning Board of Appeals 27-1996CITY OF
'AUSKEGO;;
October 25, 1996
Mr. Dennis G. Cindric
S70 W19099 Wentland Drive
Muskego, WI 53150
RE: Appeal #27-96
Dear Mr. Cindric:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your appeal from Chapter
17, Section 5.02(3), was approved. The Board included one
stipulation, that the drain water is to be directed to the rear of
your property and not be allowed to reach your neighbor to the
east.
Please be advised a building and zoning permit is required prior to
commencing any building on your property.
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue • Box 903 * Muskego, Wisconsin 53150-0903 • Fax 014) 6 i9-5614
DATE OCTOBER 24 1996
NAME DENNIS CINDRIC
CITY OF MUSKEGO
BOARD OF APPEALS
APPEAL #27-96
ADDRESS W170 S6971 WENTLAND DRIVE
Muskego, WI 53150,
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W170 S6971 WENTLAND DRIVE ZONING RS-3/OED
Appeal # 27-96
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--ZoningOrdinance: 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 0.7 foot offset variance to build a detached
garage on the eastern property line.
DECISION OF THE BOARD OF APPEALS
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.
Request approved as submitted. One condition placed on the approval was that the
eaves and water drains within the owners property and drainage is not to be allowed
to drain into the property to the east.
CHAIRMAN O'NEIL
VICE-CHAIRMAN SCHEPP
MEMBER SCHNEIKER
MEMBER HERDA
Approved Denied
6,1
MEMBER BRANDY
MEMBER SCHUSTER (lSt. Alt.
MEMBER ROSS (2nd Alt.) V
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, October 24, 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 SEPTEMBER 26, 1996 MEETING
5. OLD BUSINESS
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.
Signing of decision letters from the September 26, 1996
meeting.
6. NEW BUSINESS
Appeal # 28-96
Donald M. Peil
W194 S7057 Hillendale Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
BOA 10/24/96
Page 2
1. Chapter 17--Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 15 feet from the northern
property line. Petitioner seeks a nine (9) foot offset
variance to permit an accessory structure six (6) feet
from the northern property line.
2. Chapter 17--Zoning Ordinance: Sections 5.03 (1)
Height: Maximum Height Restricted. Said regulation
restricts the height of any accessory structure to 15
feet. Petitioner seeks a two (2) foot height variance
to permit an accessory structure with a 17 foot height.
Zoned: RS-2, 20,000 S.F. Suburban Residence District.
Appeal # 29-96
James and Shirley Bartsch
S73 W16453 Vine Street
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Sections 5.02 (1)
Building Location: Setbacks. Said regulation restricts
the setback of any structure 32 feet from the road
right-of-way. Petitioner seeks a 16 foot setback
variance to construct an attached garage 16 feet from
the road right-of-way.
2. Chapter 17--Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 13.4 feet from the eastern
property line. Petitioner seeks a 7.4 foot offset
variance to construct an attached garage six (6) feet
from the eastern property line.
Zoned: RS-2, 20,000 S.F. Suburban Residence District.
Appeal # 30-96
Robert J. Winiarski
W180 56865 Muskego 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 9.04 (7) E.1
OLS Lake Shore District: Lake Shore Offset. Said
regulation restricts the offset of any structure 50 feet
from the shore line. Petitioner seeks a 3 foot offset
variance to permit an existing attached deck to stay 47
feet from the shore of Little Muskego Lake
BOA 10/24/96
Page 3
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
District in a Lake Shore Overlay.
Appeal # 31-96
David and Mary Stawski
W198 56776 Adrian Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 16--Plumbing Code_: Sections 16.20 Discharge
of Clear Water Sump Pumps. Said regulation requires all
sump pumps installed for the purpose of discharging
clear water from foundation drains and ground
infiltration to connect to the City storm sewer via
underground drain pipe. Petitioner seeks not to install
drain pipe and connect to storm sewer.
Zoned: RS-1, 30,000 S.F. Suburban Residence District.
Appeal # 32-96
Craig M. and Peggy Demski
S67 W21153 Tans Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 40 feet from the eastern
property line. Petitioner seeks a 20 foot offset
variance to construct an accessory structure 20 feet
from the eastern property line.
2. Chapter 17--Zoning Ordinance: Sections 4.05 (1) A.
Accessory Uses and Structures: General. Said
regulation restricts the total floor area of all
outbuildings combined to 1% of the lot area (1,665
S.F.). Petitioner seeks a 831 S.F. variance to
reconstruct and modify an accessory structure which
would yield 2,496 S.F. of total floor area of all
outbuildings combined.
Zoned: RCE, 120,000 S.F. Country Estate District.
Appeal # 33-96
Shirley R. Strehlow
W203 S11064 Denoon Point Road
Muskego, WI 53150
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Page 4
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Sections 5.02 (1)
Building Location: Setbacks. Said regulation restricts
the setback of any structure 55 feet from the center
line of the western road. Petitioner seeks a 26.5 foot
setback variance to construct a detached garage 28.5
feet from the center line of the western road.
2. Chapter 17--ZoningOrdinance: Sections 5.02 (1)
Building Location: Setbacks. Said regulation restricts
the setback of any structure 55 feet from the center
line of the northern road. Petitioner seeks a 18.5 foot
setback variance to construct a detached garage 36.5
feet from the center line of the northern road.
Zoned: RS-2/OLS, 13,400 S.F. Suburban Residence
District in a Lake Shore Overlay.
Appeal # 34-96
Peter J. Dargiewicz
W124 S7193 Skylark Lane
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 16--PlumbingCode: Sections 16.20 Discharge
of Clear Water Sump Pumps. Said regulation requires all
sump pumps installed for the purpose of discharging
clear water from foundation drains and ground
infiltration to connect to the City storm sewer via
underground drain pipe. Petitioner seeks not to install
drain pipe and connect to storm sewer.
Zoned: RS-2, 20,000 S.F. Suburban Residence District.
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.
BOA 10/24/96
Page 5
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 llth day of October, 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 Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON OCTOBER 24, 1996
PRESENT: Chairman Terry O'Neil, Michael Brandt, Dan Schepp, Ed
Herda, and James Ross.
ABSENT: Heather Schuster and Henry Schneiker
MINUTES: Chairman O'Neil made a motion to defer the minutes of
September 26, 1996, meeting till the December 12, 1996 meeting.
Brandt seconded. Upon voice vote the minutes of September 26,
1996, meeting were deferred unanimously.
Decision letters from the September 26, 1996, meeting were signed.
OLD BUSINESS:
Appeal # 27-96 Dennis G. Cindric, S70 W19099 Wentland Drive,
Muskego, WI, 53150. The petitioner is requesting under the
direction of Section 3.08 (1) Appeal Provisions, 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. Cindric was deferred from the September meeting and was
advised to submit a new survey to determine the exact distance
from the eastern property line. The new survey showed a 0.7 foot
offset to the east. Mr. Cindric stated he remodeled his home with
the understanding from the previous Director of the Building
Department that he would be able to replace a then existing
nonconforming detached garage; a correspondence letter addressing
the issue was provided by Mr. Cindric's, then, realtor.
Alterations to the home now would not accommodate an attached
garage.
NEW BUSINESS
Appeal # 28-96 Donald M. Peil, W194 S7057 Hillendale Drive,
Muskego, WI, 53150. The petitioner is requesting under the
direction of Section 3.08 (1) Appeal Provisions, two (2)
variances: 1. Chapter 17---Zoning Ordinance: Sections 5.02 (3)
Building Location: Offsets, said regulation restricts the offset
of any structure 15 feet from the northern property line; 2.
Chapter 17 --Zoning Ordinance: Sections 5.03 (1) Height: Maximum
Height Restricted. Petitioner seeks a nine (9) foot offset
variance to permit an accessory structure six (6) feet from the
northern property line and restricts the height of any accessory
structure to 15 feet. Petitioner seeks a two (2) foot height
variance to permit an accessory structure with a 17 foot height.
Mr. Peil was removed from the agenda due to the Plan Commission
denying the request for an accessory structures; therefore, the
Board may not hear this appeal at this time.
BOA 10/24/96
Page 2
Appeal # 29-96 James and Shirley Bartsch, S73 W16453 Vine Street
Muskego, WI, 53150. The petitioner is requesting under the
direction of Section 3.08 (1) Appeal Provisions, two (2)
variances: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (1)
Building Location: Setbacks, said regulation restricts the
setback of any structure 32 feet from the road right-of-way.
Petitioner seeks a 16 foot setback variance to construct an
attached garage 16 feet from the road right-of-way. 2. Chapter
17--ZoningOrdinance: Sections 5.02 (3) Building Location:
Offsets, said regulation restricts the offset of any structure
13.4 feet from the eastern property line. Petitioner seeks a 7.4
foot offset variance to construct an attached garage six (6) feet
from the eastern property line.
Mr. Trejo explained the RS-2 zoning, 20,000 S.F. Suburban
Residence District and how the existing homes west of the subject
parcel were setback roughly 35 feet or more, rather than the
required 40 foot setback.
Mr. Schepp administered an oath to Mrs. Bartsch.
Mrs. Bartsch questioned the distance from her existing home to the
center of the road. She presented an aerial photograph showing
the neighbors setback and the subject residence. Mr. Trejo
produced the neighbor's and owner's plats of survey. Discussion
ensued over a discrepancy between the surveys and the aerial
photo. Mrs. Bartsch was requested to provide a new survey, but
advised to use a different surveyor, as where the present surveys
were both done by the same individual. Mr. Brandt made a motion
to defer Appeal #29-96 with a 90 day option to return to the Board
of Appeals. A new survey was requested showing the subject
property and the location of the neighboring residences. Mr.
Schepp seconded. Upon roll call vote, the motion to defer was
passed unanimously.
Appeal # 30-96 Robert J. Winiarski, W180 S6865 Muskego Drive,
Muskego, WI, 53150. The petitioner is requesting under the
direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks
one (1) variance: 1. Chapter 17--Zoningordinance: Sections 9.04
(7) E.1 OLS Lake Shore District: Lake Shore Offset, said
regulation restricts the offset of any structure 50 feet from the
shore line. Petitioner seeks a 3 foot offset variance to permit
an attached deck 47 feet from the lake shore.
Mr. Trejo explained the RS-3/OLS zoning, 10,000 S.F. Suburban
Residence District in a Lake Shore Overlay and noted that the deck
had not been built as stated in the notice.
Mr. Schepp administered an oath to Mr. Winiarski. Mr. Winiarski
stated he measured the distance from the post holes to the
shoreline and determined he was in conformance. The building
inspector, when doing a footing inspection, discovered deck was
too close to the shoreline. Mr. Winiarski stated he wants a deck
upstairs to enjoy the view of the lake, just like his neighbor's
have. He also noted they are closer to the lake than he is
preparing to build. The deck is to be built over the patio and
BOA 10/24/96
Page 3
there is not any alternate location to place the post holes, would
be in conformance with his neighbor's and would not adversely
affect the character to the neighborhood.
Appeal # 31-96 and #34-96 David and Mary Stawski, W198 56776
Adrian Drive, Muskego, WI, 53150 and Peter J. Dargiewicz, W124
57193 Skylark Lane, Muskego, WI, 53150. Mr. Trejo asked the
Board, that if the petitioners consent, if both appeals could be
addressed together since they deal with the same matter. Both
petitioners agreed.
The petitioners are requesting under the direction of Section 3.08
(1) Appeal Provisions, one (1) variance: 1. Chapter 16--Plumbing
Code: Sections 16.20 Discharge of Clear Water Sump Pumps, said
regulation requires all sump pumps installed for the purpose of
discharging clear water from foundation drains and ground
infiltration to connect to the City storm sewer via underground
drain pipe. Both petitioners seek not to install a drain pipe and
connect to the storm sewer.
Mr. Trejo explained the RS-1 zoning for the Stawski parcel and the
RS-2 zoning of the Dargiewics lot. Both were newly created lots
that are conforming and both contain new residential structures
that are conforming.
Mr. Schepp swore in Mr. and Mrs. Stawski, Mrs. Dargiewicz
(Appellant #34-96) and Ms. Mary Lytle.
Mr. Trejo explained City ordinance #756, 08-11-92. Both
developments are required to install storm drainage
infrastructure. Appeals to this ordinance were taken before the
Public Works Director and Public Works Committee. In both cases,
they were deferred to the Board of Appeals. Mr. Trejo read a
letter received from Public Works Director John Loughney. Mr.
Loughney cautioned the Board of Appeals to deal with these two
variances separately.
Mr. Stawski stated his hardship is that fact the pipes are already
installed on his property and the site has been graded. According
to Mr. Stawski, Mr. Loughney was at the site at the time of the
installation of the pipes, and supported the idea of the
contractor that there would be no problem with surface discharge.
Mr. Stawski stated to install new pipes now would ruin nine trees
on his lot and accrue additional costs. Mr. Stawski stated there
has been no water in his sump crock.
Ms. Mary Lytle, the neighbor north of the Stawski parcel, is
concerned with such a large roof and the addition of the sump
crock discharge, that the run off would be considerable. She
further stated that every spring her lot is wet and since more
trees have been cut down the wetness will be increased.
Mrs. Dargiewicz stated the drainage detention pond is at the rear
of her lot and the sump crock discharge would be directed to the
storm sewer in front of her lot and then redirected to the creek
BOA 10/24/96
Page 4
behind her lot. There makes no sense to direct it out front if it
is just going to be redirect behind her lot.
Appeal # 32-96 Craig M. and Peggy Demski, S67 W21153 Tans Drive,
Muskego, WI, 53150. The petitioner is requesting under the
direction of Section 3.08 (1) Appeal Provisions, two (2)
variances: 1. Chapter 17--ZoningOrdinance: Sections 5.02 (3)
Building Location: Offsets, said regulation restricts the offset
of any structure 40 feet from the eastern property line.
Petitioner seeks a 20 foot offset variance to construct an
accessory structure 20 feet from the eastern property line. 2.
Chapter 17--ZoningOrdinance: Sections 4.05 (1) A. Accessory Uses
and Structures: General, said regulation restricts the total
floor area of all outbuildings combined to 1% of the lot area
(1,665 S.F.). Petitioner seeks a 831 S.F. variance to reconstruct
and modify an accessory structure which would yield 2,496 S.F. of
total floor area of all outbuildings combined.
Mr. Trejo explained the RCF zoning. 120,000 S.F. Country Estate
District, and stated the property is a conforming lot. Currently,
there are a total of 2,368 square feet of total outbuildings, with
only 1,165 square feet allowed. This property received a variance
in 1992 for an outbuilding to permit the excess size. Mr. Schepp
administered an oath.
Mr. Demski stated the Plan Commission approved the 32' x 32'
building subject to a variance for 831 additional square feet.
The additional square footage would accommodated additional needed
storage and would not adversely affect the character of the
neighborhood. Mr. Demski stated that the hardship for the 20 foot
offset is so he could utilize his yard better. The current garage
needs to be moved to accommodate the pipes for the new mound
system. He intends to build a 3 car garage.
Appeal # 33-96 Shirley R. Strehlow, W203 S11064 Denoon Point Road
Muskego, WI, 53150. The petitioner is requesting under the
direction of Section 3.08 (1) Appeal Provisions, two (2)
variances: 1. Chapter 17--Zoning Ordinance: Sections 5.02 (1)
Building Location: Setbacks, said regulation restricts the
setback of any structure 55 feet from the center line of the
western road. Petitioner seeks a 26.5 foot setback variance to
construct a detached garage 28.5 feet from the center line of the
western road. 2. Chapter 17--ZoningOrdinance: Sections 5.02 (1)
Building Location: Setbacks, said regulation restricts the
setback of any structure 55 feet from the center line of the
northern road. Petitioner seeks a 18.5 foot setback variance to
construct a detached garage 36.5 feet from the center line of the
northern road.
Mr. Trejo explained the RS-2/OLS zoning. 13,400 S.F. Suburban
Residence District in a Lake Shore Overlay and the character of
the city right-of-way. Mr. Trejo also stated he contacted the
Public Works Department in regards to winter maintenance. Only
the main artery of the road is plowed, the L-shape portion on the
east end is not maintained.
BOA 10/24/96
Page 5
Mr. Schepp administered an oath to Mr. and Mrs. Strehlow.
Mrs. Strehlow explained there is not a road on the north lot line,
there are trees growing there, furthermore, there is no way there
could every be a 60' wide road on the west side of the property,
there are homes to close to the road as it exists. The existing
garage is falling down and is to close to the southern property
line. The new garage will be in conformance in terms of size and
offset.
A five minute recess was called. The meeting reconvened at 8:45
P.M.
DELIBERATION:
The Board of Appeals had a voice vote to discuss Appeal #33-96
first.
APPEAL #33-96 Mr. Brandt made a motion to approve the appeal as
requested due to the irregular shape of the lot, the non
comforming status of the road and its right-of-way, that the
structure will remain consistent with the surrounding existing
structures due to the 25' right-of-way, and that the proposed
structure will not jeopardize public safety. The new garage will
not be any closer to the road -right of way than any other property
on this street and will bring the location into conformance with
the offset. There is not any other location for this garage due
to the location of the existing dwelling and the irregular shape
of the lot. Mr. Brandt seconded. Upon roll call vote the motion
to approved was unanimous.
APPEAL #27-96 Mr. Herda made a motion to approve the variance
with only a 0.7' offset. The hardship being the safety of passage
to the rear of the lot (due to difference in height elevations),
location of existing legal nonconforming structure. A condition
of approval is that eves and water drains within the owners
property and drainage is not to be allowed to drain into the
property to the east. Said variance would not jeopardize public
safety nor alter the character of the neighborhood. Mr. Schepp
seconded. Upon a roll call vote, the motion to approve passed 4
to 1, Chairman O'Neil voting no.
APPEAL #28-96 Appeal was taken off the agenda.
APPEAL #29-96 Motion to defer was made during the meeting.
APPEAL #30-96 Mr. Schepp made a motion to approve as submitted.
Hardship being the location of the home on the lot, the irregular
shape of the lot, and the safety of the deck due to narrow size
that would be required per code. This structure would be within
the character of the adjacent homes and the overall neighborhood
and would not adversely effect the safety of the public. Mr. Ross
seconded the motion. Upon roll call vote, the motion to approve
was unanimous.
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Page 6
APPEAL #31-96 Mr. Schepp made a motion to deny the appeal as
submitted due to a lack of a hardship. The hardship presented by
the petitioner, saving of the trees, the grading of the lot, and
the perceived consent of the Public Works Director, did not
substantiate a valid hardship. The Public Works Director has no
authorative power in granting variances to the ordinance and
avoiding the elimination of trees and regrading of the lot only
represent a financial burden. Mr. Herda seconded the motion.
Upon roll call vote, the motion to deny was approved unanimously.
APPEAL #34-96 Mr. Schepp made a motion to deny the appeal as
submitted due to a lack of a hardship. The hardship presented by
the petitioner, the drainage being routed to the front of the lot
and then transferred back to the rear of the lot did not
substantiate a valid hardship. Said ordinance was in effect when
the subdivision was under review and approved and the developer
made no effort to exempt the lot from said regulations. Mr. Herda
seconded. Upon roll call vote, motion to deny passed unanimously.
APPEAL #32-96 Mr. Schepp made a motion to approve the request for
excess square footage but to deny appeal #1, the offset request.
The denial to appeal #1 was due to lack of a reasonable hardship,
stating there was sufficient room to move the structure closer to
the existing drive. The hardship for the approval of the excess
square footage is due to a lack of storage, Plan commission
approval, and that the structure would be in conformance with
similar outbuildings permitted along Tans Drive. Mr. Shepp
amended his motion to include 831 square foot to include the
storage shed and a condition to be placed that the current garage
be raze within 90 days of final inspection on the new 3 car
garage. Mr. Brandt seconded. Upon roll call vote, motion passed
4 to 1, Mr. Herda voting no.
Miscellaneous Business None
Adjournment: Mr. Schepp made a motion to adjourn. Mr. Brandt
seconded. With no further business to come before this board, the
meeting was adjourned at 11.00 P.M.
Respectfully submitted,
Susan J. Sch eder
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name Dennis G. Cindric
Subject Property Address: S70 W 9099 Wentland Drive JMuskego. WI 53150
Telephone 414 679-4262
Property Zoning R_ 3/QED Key # 2 • —1 S7�o
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
Date inspector denied permit:
Requesting variance to Section .08 3 & 9.07 3
To allow: The construction of a garage with less than the conforming offset.
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because: The space remaining for
construction is of an unusable dimension.
The variance, if granted, will not be contrary to the public interest and will be in
accord with the spirit of the code because: At the time the code was instituted
(after the existence of this property and lot) it was to provide uniform construction
and adequate property spacing on 100 foot wide lots. In keeping with the harmony
of the neighborhood (narrow lots) the proposed structure will complement the
overall architectural style of existing homes and is consistent with other homes in
the neighborhood.
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because: The structure as proposed will provide adequate ingress and
egress to the rear of the property so as not to interfere with any emergency activities.
HA_RDSHfP CONSIDERATIONS:
Why not an attached garage? Please refer to the cover letter addressing my
conversation with Gerald P. Lee with the information I received at that time.
All my permitted remodeling was not designed for an attached garage, i.e.,
ingress and egress to the home, but with the intent to have a detached garage.
2. Why not locate the garage at the rear of the property? It would seriously
reduce the available recreation space for the property and substantially block
the view of Little Muskego Lake for myself and for my neighbors.
3. Why do you need a garage? When I purchased the property it had a garage.
I was forced to remove it 30 days after closing because it was encroaching
the property line. With the price of today's vehicles adequate protection from
the elements is mandatory. A garage would also provide storage for gasoline
operated equipment (lawnmowers, snowblower, weed trimmers).
Proposed Structure Overview
This structure will be built following Section 30.43 (XI. Garages)
• The structure will be a detached one -car garage 14 feet wide by 22 feet deep.
It will have a 12 foot wide, 7 foot high overhead door on the street elevation
and a 7 foot wide by 7 foot high overhead door on the rear elevation. A 36
inch wide service door will be located on the north elevation.
• The garage will be positioned 5 feet to the east of the existing house and five
feet to the south of the house's front entrance in order to balance the overall
appearance.
The garage will be of wood frame construction with vinyl siding and
aluminum trim matching the house.
• The existing driveway will be cut to the proper dimension as to allow the
installation of a new continuous poured slab with proper curbing.
• To conform with Section 30.43 requirements for less than 10 feet between
structures, both the north and south interior walls will receive 5/8 inch
drywall to serve as a fire stop.
• Studs spacing will be 16 inches on center with a truss rafter design. Lams
will be used for the overhead door headers.
• OSB will be used for sheathing and roofing. Composition shingles (black)
will finish the roof
• As to conform with the existing structure's architecture, the garage will not
have overhangs, but will be fully guttered.
r�lali l _ 1� : s_ty alar,�a nla 1 US1• EGO R! :;I11,Ir111-
"I 1-INNING r.T A POINT W►+TCH ±.'; :,i i jio > T Nr.t;r
V't TVATr I.OADWAY WHJCH IS WCATE() 77.00 Fi WF.S,
Er;t l()N ;.1'1L OF i 1I(' S( I /.1 OF SF f; T MN 5, T 5
(r)NrrNU)NG WEST ALONG THE SOUTH SCCTT:)N LINE r.
A IN)Irl1 ;
? I1IFf'JGE NORTH W) PARAI LFt. TO THr ?p
PT 70 TW. CENTER OF A PRIVATF RnADWAY; IT PRIVATE R!►AOwe�
THFNCF CONTINUING FAST ON THE crNi(..R or SATO PRTVarr POAPWkY A S
f T. TO A DOIN-1 ;�
TIII.N(F: CONTINI:IN, SOUTH 1�0.00 FT. TO THP P')TNT OF Br-rjrtstTNG.
A QMHT-OF•WAY OVER THAT ^:.on FT Pr)IVArF HOAO THC.. CrN7rr I INF r. /
cr" A VOINT 77,00 rT 001Wr-Sl Alf)N(- THl' WIRM LTNr. -)r 1tiII
cC11'r 'ST ORNFR OF THE SW 1/4 Or Tlrr �, , 1/E OF THF.. SF 1/4 UI'
A;V r f'NTrP. I.YNI RUNNING IHCljCF ()UF WFr.t;
11" •, w� ;rf:RLY rRcm. SAID 4"OINT JC) THI 1`11GLIC HIDiw4y Wr,1S}f TC
TWINY, J11QIlWAY.
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s X"Cr10A(,
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I Certify 4wt I ha.* svrvwyod rw above described praperry (Property), and the above mac rs a r" repro
sentorlon thereat and ■howl Ow air and lacation of the P•oaerty, if wrterior boundor;es, ►he loeat-on and di&-ems.oms
of at/ visible structures thereon, houfmiQy Fences, cp,parynr eosert.rnrs and rood+wys &sd rlsrbla ancmachnw,rs, of cry.
This ywwy is made for thr e8CIU71ve use of the omsenr owners of the Property,
asdoleo those w4v wiechase, mortVve, or 9uararree tht trrle thohtro - thm one(1)
7'►a' Irom dote hers I,
„rye Y} KENNI 4 E.
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"X&A
September 9, 1996
City of Muskego
Board of Appeals
W 182 S8200 Racine Avenue
Muskego, WI 53150
To Whom It May Concern:
Prior to purchasing the property at S70 W 19099 Wentland Drive, I spoke with
Gerald P. Lee, Building Inspection Department Head, regarding building a garage
to replace the structure which was encroaching on the east property line. The
response was -as long as there is an existing structure encroaching the property line,
I would be able to build a new structure replacing the old one on the property line.
Attached is a Ietter from Doris Raffaele stating her recollection of this matter. Also,
attached are appropriate documents for application for variance, and a statement
from my adjacent neighbor stating no objection to the proposed structure.
Thank you for your consideration of this matter.
Sincerely,
� &- e_ _: �/,/
Dennis G. Cindric
DG/kas
Attachments
September 9, 1996
City of Muskego
W 182 S8200 Racine Avenue
Muskego, WI 53150
To Whom It May Concern:
We have no objection to the proposed garage structure to be located within one foot
of the east lot line of S70 W19099 Wentland Drive.
via
Kevin & Connie Gardner
S70 W 19079 Wentland Drive
Muskego, WI 53150
September 7, 1995
City of Muskego
W182 58200 Racine Ave.
Muskego, WI 53150
To Whom It May Concern:
This letter is to inform you that I had been the selling agent of
the property located at S70 W19099 Wentland Drive which closed in
November of 1990. The property needed many repairs and much up-
dating, but very important to the buyer was that it would be possible
to be able to rebuild a garage that the lender was requiring be re-
moved. I informed the buyer that in order to be sure, I would not
talk with the municipality and be responsible - that he should thoroughly
investigate this himself, which he did before submitting an offer.
His intention was to have it built whereby it actually would have
to have a variance due to the neighboring property line - and he
got assurances that his plans should have no problem.
I do recall this matter fully, however, never verified it myself.
As long as the buyer was satisfied, that was what was important for
him to purchase said property.
I have been asked to submit this information in writing. If you have
any questions, please feel free to contact me.
'1
Sincerely, /
Doris Raf2a
REMAX REALTY 100
Q RVi"W Really 100 ❑
W I PX Really 100 ❑
WMW Realty 100 ❑
RVMW Realty 100 ❑
12970 West Bluemound Road
10303 West Oklahoma Avenue
5552 South 108th Street
Administration/Closing Dept,
Elm Grove, Wisconsin 53122
Milwaukee, Wisconsin 53227
Hales Corners, Wisconsin 53130
3131 South 103rd Street
Phone: (414) 784-9220
Phone: (414) 327-7020
Phone: (414) 529.1101
Milwaukee, Wisconsin 53227
JWLS Fax: (414) 784-7279
Fax: (414) 327-6870
Fax: {414) 529-9510
Phone: (414) 328-5900
Fax- (414) 328 5905
Each office Independently Owned and Dperaled