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Zoning Board of Appeals 27-1997Amended 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 504 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is 1,696 s.f.) 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 DECISION OF THE BOARD OF APPEALS Approve as submitted. Lack o4 hardship was discussed. Denied Chairman O'Neil�h� G Denied Vice Chairman Brandt Absent Member Ross Denied Member Sehepp Denied Membe hnei er Denied Member Conley (l st Alt. Absent Member Herda (2nd Alt.) CITY OF DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning IL K- (414) 679-4136 0 October 31, 1997 Mr. Frank Kozlik S67 W21091 Tans Drive Muskego, WI 53150 RE: Appeal # 27-97 Dear Mr. Kozlik: The Board of Appeals wishes to advise your appeals from Section 4.05 (2) C.4 Accessory Uses and 5.03 Height were denied due to lack of hardship. Should you have any questions, please contact Carlos Trejo at 679-5674. Sincerel , Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue * Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF SEPTLMBER'"25, 1997 PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry Schneiker, Dan Schepp, David Conley and Planning Assistant Carlos Trejo. ABSENT: James Ross and Ed Herda. MINUTES: Mr. Brandt made a motion to approve the September minutes as submitted, Mr. Schepp seconded. A voice vote was called and the motion carried. STATEMENT OF PUBLIC NOTICE: Secretary reported notice was give October 17, 1997, in accordance with Open Meeting Laws. OLD BUSINESS: Request to reconsider Appeal #26-97. Petitioner was not present. Mr. Trejo stated the petitioner felt the Board was not made aware that this structure was made legal nonconforming when permits were issued for its original construction. This, they felt, would more likely affect the Board's decision in terms of their appeal. Chairman O'Neil stated since the petitioner was not present, the Board would defer this issue until the end of the meeting. Signing of decision letters for September was deferred until the December meeting. NEW BUSINESS: Amended Appeal #27-97 Frank Kozlik, S67 W21091 Tans Drive,Tax Key No. 2184.995. Under the direction of Section 3.08 (1) Appeal Provisions, the 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 504 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is 1,696 s.f.) 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). The property is zoned RCE, Country Estate Mr. Brandt administered an oath to Mr. Frank Kozlik. This is an amended request from the September meeting, due to the fact that the posting did not include an existing 10 X 12 foot shed. Mr. Kozlik proposed an additional outbuilding 2,080 square feet with a 17 foot roof peak. The building will be used for storing a yard tractor, bikes, snowmobiles, boat, canoe and various other things. The roof has a 5/12 pitch so that a second level of storage may be accommodated. The proposed canopy attached to the outbuilding will be used as a planting area. The building is compatible to others around the area. Mr. Trejo stated this lot is legal nonconforming lot with only 2.3 acres; the RCE district requiring 2.75 acres and a 250 average minimum width. Mr. Trejo described the stated hardships as a wish list, and these do not justify a reasoning for granting a variance. The real problem here, specific to this request, is the ordinance requirements. The Board is not here to develop or compromise the ordinance, but to enforce the requirements as they are, unless a reasonable hardship can be justified. If the ordinance does not accommodate this specific lot, the the appellant should be working to change the ordinance, either with council or within the proper committees. Claiming an ordinance is not allowing him the size of building he is requesting is not a hardship. Mr. Kozlik stated his hardship is the 60% ordinance, which only takes into account the foot print of his home, not the rest of the finished area of the residence. His residence can not be increased in size. The building would be no different from other outbuildings in the area and would not be contrary to the spirit of the code or conflict with the public interest. Appeal # 28-97 Mark Pizur, W147 S7272 Durham Drive, Tax Key No. 2201.989 Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks the following one (1) variance: Chapter 17--Zoning Ordinance: Section B.01 (7) B.2, Permitted Accessory Uses. Said regulation states that the total floor area of all outbuildings combined shall not exceed 1.0% of the lot area. Petitioner seeks a 160 square foot variance to construct a 600 square foot accessory building. (zoning requirement is 1,520 s.f.) The property is zoned RS-2, Suburban Residence. Mr. Brandt administered an oath to Mr. Pizur. Mr. Pizur stated he purchased this property in 1988, with the intent to have horses in the future. He currently has one outbuilding that houses antique cars and is not set up to house horses. This lot is 3.5 acres allowing for 3 horses. The size restriction would not allow for the proper housing of the horses. Mr. Trejo stated Plan Commission approved of an outbuilding up to the permitted size; however, it deferred the additional size up to 600 square feet if the petitioner could justify a hardship to the Board. Mr. Trejo questioned why couldn't Mr. Pizur add on to the existing outbuilding? Once again, the hardship here is the ordinance, and the Board is here to enforce the ordinance as it stands, unless an undo hardship can be provided. The petitioner still has 440 square feet to utilize for additional contractor. This estimate exceeded the 50% rule in terms of the structural work performed. Mr. O'Neil spoke on behalf of the residents in the area. He stated this structure has not been inhabited for many years. He has boarded up windows and painted over graffiti for many years. In his opinion, hardship for this property is the location of the preexisting structure, the lot being bordered by two streets and the fact a permit had been previously issued by the Building Department. Mr. Gatzke stressed that it was not the intent of Mr. Lubecke to violate the 50% rule. He stated that the rule, as it reads, is confusing. He understands that it is common and that contractors and builders probably have some sort of understanding of its concept, but to a common resident, it makes little sense. DELIBERATIONS - Since there was nobody in the audience awaiting deliberation on their appeal, Attorney Gatzke requested if the Board would deliberate Appeal #29-97, first. Appeal #29-97 Mr. Schepp made a motion to approve the appeal as submitted, Mr. Schneiker seconded. Discussion ensued over the following hardships: 1) miscommunication with previous building permit issued, 2) loss of use of home and 3) location of lot on two roads and shape of lot. Mr. Schepp amended is motion to included that prior to the issuance of a building permit, the appellant will have to remove the existing garage located near the intersection, and remove the existing brush and berm located along Jewel Crest Drive, Mr. Schneiker seconded. Furthermore, the house is to be reconfigured as submitted in the alternate plan that removes a portion of the nonconforming second level. Upon roll call vote, the motion carried. (4-0) Mr. O'Neil resumed chairmanship. APPEAL #27-97 Mr. Brandt made a motion to approve the appeal as submitted, Mr. Conley seconded. Discussion ensued over the hardships stated by the appellant and the limitations set by the ordinance. Upon a roll call vote, the motion was denied. (5-0) APPEAL #28-97 Mr. Brandt made a motion to approve appeal as submitted, Mr. Schneiker seconded. Discussion ensued over the hardships stated by the appellant and the limitations set by the ordinance. Upon a roll call vote, the motion was denied. (5-0) Miscellaneous Business: Appeal #26-97, The Board agreed to rehear the appellant's request in the next meeting. Items in regards to rules and procedures were deferred until the next meeting. Mr. Trejo informed the Board in regards to a recent court case limiting city officials access onto private property. The current Board forms will be revised to contain a statement 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, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, October 30. 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 SEPTEMBER 25, 1997, MEETING 5. OLD BUSINESS • Request to reconsider Appeal 426-97 • Signing of decision letters for August. 6. NEW BUSINESS Amended 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 504 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is 1,696 s.f.) 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 Appeal # 28-97 Mark Pizur W 147 S7272 Durham Drive Muskego, WI 53150 Tax Key No. 2201.989 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following one (1) variance: BOA 10/23197 Page 2 I) Chapter 17--Zoning Ordinance: Section 8,01 (7) B.2, Permitted Accessory Uses. Said regulation states that the total floor area of all outbuildings combined shall not exceed 1.0% of the lot area. Petitioner seeks a 160 square foot variance to construct a 600 square foot accessory building. (zoning requirement is 1,520 s.f.) Zoned: RS-2, Suburban Residence Appeal #29-97 Dean A. Lubecke W 183 S6526 Jewel Crest Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 17--ZoningOrdinance: Section 4.06 (2) A. Legal Nonconformity: Classification and Regulation - Nonconforming Structure. Said regulation restricts expansion or enlargement of a nonconforming structure except within conformity of the zoning district. Petitioner seeks to repair, alter, and expand said structure over 50% of its current fair market value. Zoned.: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay 7. Miscellaneous Business. • 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 17th day of October, 1997 w 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 Hail, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes 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 364 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is 1,696 s.f) and 2) Chapter 17-Zoningrdinance: 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) The property is zoned RCE, Country Estate Vice Chairman Brandt administered an oath to Mr. Kozlik. Mr. Kozlik explained Plan Commission approved the building without the canopy. The canopy is needed for shelter when working on fruit and vegetable plants. The height is needed to allow to hang-up bicycles without walking into them. This structure would be screened from the neighbors by trees. Currently there is a 2 car attached garage and a 10' x 12' shed; the shed is used for tools and will not be removed. Mr. Trejo stated this is a legal nonconforming property. He also stated there is an attached garage, which received a variance in 1990, and a full basement on the property. Mr. Trejo question where the hardship is in this request. Point of order was called. The variance request did not include the 10' x 12' shed. The appeal needs to be recalculated, re -noticed and placed on the next agendas Mr. Schneiker made a motion to defer Appeal 27-97 to the October meeting. Mr. Ross seconded. Upon voice vote, motion was approved. DELIBERATION: Appeal #23-97 Mr. Schepp made a motion to approve as submitted. Mr. Herda seconded. After discussion it was determined there was a lack of an appropriate hardship to 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 Dearing will be held in the Muskego Room at the Muskego City Hall, W 182 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 Appeal # 25-97 Kenneth J. Liebe[ W 179 S6948 EIm 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.I 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 l 2494 Coventry Lane Muskego. Wl 53150 Tax Kev 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 Koalik 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 384 square foot variance to construct a 2,080 square foot accessory building. (zoning requirement is 1,696 s.f.) 2) Chapter 17—Zonins 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 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 Muskego 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 i Subject Property Address: J C- ��/ 0 y/ ze4 -4 Telephone e�p,�V_ /YYZ- Property ZoninKey # Petitioner's relationship to property (circle applicable): owner lessee other Fees: $195.00 Date inspector denied permit: Requesting variance to Section 05 Z,�. To allow: �,u-cox.✓ ,�d' ��uu�c.c ✓�� � es�u-y- 7,/_vim .r > L i .r7.�._'o � . � �-J ,T �.,._. / 4.7 _,; 7 A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: r ,�.[ c �cr The variance, /f granted, will n�tb contrary to the public interest and will be in accord with the spirit of the code because: �1JWl ✓!i`l7�lr'� /1�[A A9`lf� AU/t /✓/.l'Ui�/ A� t � � / The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: FINS 1401piM01 CORRECTED RESOLUTION #P.C. 157-97 APPROVAL OF A 2,080 SQUARE FOOT ACCESSORY STRUCTURE FOR FRANK KOZLIK AT THE PROPERTY LOCATED AT S67 W21091 TANS DRIVE WHEREAS, A site plan and construction information was submitted on August 7, 1997, by prank Kozlik to construct a 2,080 accessory structure at the residence located at S67 W21091 Tans Drive, WHEREAS, The property is zoned RCE, Country Estate, and requires Plan Commission approval for all secondary accessory structures, and WHEREAS, The total square footage for accessory structures is limited to 60% of the total first floor primary space and the home contains 2,357 square feet which would allow 1,414 square feet of accessory building square footage, and WHEREAS, The proposed accessory structure totals 1,696 square feet of enclosed storage space and 384 square feet of open cover space, totaling 2,080 square feet, or 666 square feet over the permitted square footage, and WHEREAS, The location of the structure maintains all necessary offsets and setbacks, and the ultimate height is limited to 15 feet, the architectural appearance would be compatible with the applicant's surrounding area, and the materials submitted do not propose the use of this nor any other structure on the property for business related activities. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a compatible size structure not exceeding 1,414 square feet for Frank Kozlik in accordance to Section 4.05 (1) B and 6.11 (2) and that subject accessory structure not be used for the operation of a business nor the storage of business related material or equipment. Plan Commission allows the additional square footage for an accessory structutre up to 1696 square feet. However, no building permits will be issued for subject accessory structure until the addition of the home has been completed. Petitioner may apply to Board of Appeals for additional 384 square feet as subject design appears to be appropriate. BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. 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