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ZBA-Minutes 28-1991CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING ON SEPTEMBER 26, 1991. Chairman Gerald Fohr called the meeting to order at 7:40 P.M. PRESENT: Chairman Fohr, Vice -Chairman Terry O'Neil, Thomas Berken, and Donald Pionek. ABSENT: Lloyd Erno, Bonnie Posbrig, Darryl Rowinski, and Director Chuck Dykstra MINUTES: Mr. O'Neil made a motion to approve the minutes of the August 22, 1991 meeting and Mr. Berken seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 26-91 - Wayne and Jan Flancher, W166 58304 Kurtze Lane, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. and Mrs. Flancher requesting a 2' height variance and 15' setback variance for a storage shed. Zoning: RS-3. The appellants were not present at the meeting. The board members decided that they would consider the appeal based on the information submitted by Mr. and Mrs. Flancher. APPEAL 27-91 - Lawrence Keller, W172 57455 Center Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Keller requesting an appeal to the 50% cost rule. Zoning: RS-3 OED. Mr. Keller appeared before the Board. He stated that he purchased the home unaware of the 50% rule. The house is assessed at $17,900. He and his wife are doing extensive remodeling and putting on an addition. The addition includes a bedroom on the first floor which would enable Mr. Keller more room to maneuver as he is confined to a wheelchair. Mrs. Keller presented the Board with a sketch showing that the present bedroom on the first floor is too small. The Kellers have taken out a $12,000 loan for the work which is over 50% of the assessed value. Due to the fact that he is handicapped, much of the work being done is to modify the home to make it more accessible to him. He believes that the amount for these specific modifications should not be included in the 50% cost rule. He believes that while the intent of many laws is not to discriminate, the effect of the 50% rule in his case is discriminating because he is handicapped. Mr. Keller did state that he did not take out a permit or contact the Building Inspection Department. The contractor doing the work dug the footings for the addition and stated that he was not aware that a permit was needed. Mr. Keller told the Board that he canvased his neighbors and no one is opposed including the neighbor that had originally complained. Mr. Fohr asked Mr. Keller to present a plan and survey showing the addition. Both were submitted to the Board. Mr. O'Neil stated that the 50% rule was created to protect people. The Board did not believe Mr. Keller was being discriminated against. Mr. Berken informed Mr. Keller that the Minutes of Board of Appeals September 26, 1991 Meeting Page 2 excavated area needs to be enclosed better to protect against anyone from falling into the hole. APPEAL 28-91 - Scott Manske, W166 58348 Kurtze Lane, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Manske requesting a 5' offset variance to construct a detached garage. Zoning RS-3. Mr. Manske appeared before the Board. He presented the members with written reasons why he is requesting the variance. There is a WEPCO utility pole on his lot that would prohibit his placing the proposed garage further back. Mr. Manske stated that relocating the pole would be very expensive. He also stated that the pole is used by cable and telephone companies as well. APPEAL 29-91 - Richard Stahl, W186 57048 Gold Drive, Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 33' 6" setback variance from Ordinary High Water Mark to construct a screen house on an existing deck. Zoning: RS-3 OLS. Mr. and Mrs. Stahl appeared before the Board. They have a deck and have placed two temporary type screen houses on the deck in the past three years. Both of these were lost due to stormy weather. The deck was built on the lowest part of the lot so as not to block anyone's view of the lake. If the screen house is placed further back from the water, it will block their view. The Stahls stated that they enjoy sitting outdoors, and would like a permanent structure for protection against bugs. Mrs. Stahl stated that they have owned the home for three years and are only interested in beautifying the property. They have talked to various neighbors and have not received any opposition. Mr. Berken stated that he talked to a neighbor who was not in favor of the Board granting the variance. Mrs. Stahl said they only want to use the screen house during the summer. Mr. Fohr expressed concern that if the variance was granted, the structure would be used all year long. Mr. O'Neil stated that the DNR should be contacted. If the variance is granted by the Board of Appeals, the DNR may not allow this structure. The Chairman also expressed concern as to the deck foundation supporting the structure. APPEAL 30-91 - Jim Lein, W186 56383 Topaz Drive, Muskego, Wisconsin. Mr. Fohr read the appeal requesting a 4 sq. ft. size variance, a 12' offset variance, and a 12' 5" offset variance from rear lot line to construct a second garage structure. Zoning: RS-2. Mr. Lein appeared before the Board stating he wants to construct a 12' x 18' storage shed. He has a 10' x 13' shed now that would be replaced by the larger structure. This is the only place for him to put this structure on his lot. The building will be used for storage of lawn equipment, etc. Mr. Haji Souri, a neighbor, appeared before the Board. He stated he does not object to the structure and its location. APPEAL 31-91 - Ron and Deb Weber, S76 W14938 Velva Drive, Muskego, Wisconsin. Mr. Fohr read the request for an 8' offset variance from west lot line to construct a second garage Minutes of Board of Appeals September 26, 1991 Meeting Page 3 structure. Zoning: RS-2. Mr. and Mrs. Weber appeared before the Board and stated that they have a lot of equipment for scuba diving, two motorcycles, etc. They do not have enough storage space in their garage. The second garage structure would probably not be built until spring. Mr. Wujcik, a neighbor, appeared before the Board. He is in opposition to the structure being placed alongside the garage. He does not want to look at another garage. He does not feel it will enhance the property. He cannot understand why the Webers need this structure. Mr. Wujcik feels that Mr. Weber should have come and spoke to him about it first. It has been rumored that the structure will be used by Mr. Weber to repair cars. Mr. Wujcik asked Mr. Weber about the trailer that is currently outside. Mr. Weber stated that it would be kept in the storage building. Mr. O'Neil pointed out to the appellants that they could add to their existing garage. Mr. Pionek would like to see the structure placed in the northeast corner of the lot as there is room there, and this location would not require a variance. The Webers do not want to put the structure there. They want to keep it closer to the existing garage as it would be more convenient. The Board asked the Webers if they would consider placing the storage shed in back of the garage, 2' from the existing garage. This would require a 3' offset variance. They responded that they would be willing to place the structure there. Mr. Wujcik would be agreeable to that location also. Chairman Fohr called a short recess. The Board remained in Open Session. APPEAL 26-91 - Wayne & Jan Flancher, W166 58304 Kurtze Lane. Chairman Fohr made a motion to approve the variance as submitted. Mr. Pionek seconded. The hardship being the placement of the existing house on the lot with the front yard in the 100 year floodplain. Upon a roll call vote, the motion to grant the 2' height variance and 15' setback variance passed unanimously. APPEAL 27-91 - Lawrence Keller, W172 S7455 Center Drive. Mr. O'Neil made a motion to approve the request as submitted. The Board will recommend to Mr. Dykstra that he watch the contractor in this particular case to make sure that he does what is necessary. They believe he was negligent in not coming to the Building Inspection Dept. for a permit for the addition in the first place. Mr. Fohr seconded the motion. The hardship being that Mr. Keller is handicapped, and that the 50% rule should not be applied. Upon a roll call vote, the motion to grant the variance passed unanimously. APPEAL 28-91 - Scott Manske, W166 58348 Kurtze Lane. Mr. Fohr made a motion to approve the variance, and Mr. Pionek seconded. The hardship being the location of the house on the lot. Upon a roll call vote, the motion to grant a 5' setback variance passed unanimously. APPEAL 29-91 - Richard Stahl, W186 S7048 Gold Drive. Minutes of Board of Appeals September 26, 1991 Meeting Page 4 APPEAL 29-91 - Richard Stahl, W186 57048 Gold Drive. There was some discussion regarding this appeal. Is the proposed structure considered permanent? Yes, according to Mr. Pionek because this structure has a roof. Chairman Fohr objects to this as he believes it will open up all kinds of problems on the lake in the future. Mr. Berken made a motion to deny the variance, and Mr. Fohr seconded. Upon a roll call vote, the motion to deny the variance passed unanimously. APPEAL 30-91 - Jim Lein, W186 56383 Topaz Drive. Mr. O'Neil made a motion to grant the variance, and Mr. Pionek seconded. The hardship being the topography of the site does not allow for the structure to be placed at another location. Upon a roll call vote, the motion to grant the variances passed unanimously. APPEAL 31-91 - Ron and Deb Weber, S76 W14938 Velva Drive. There was discussion on this appeal. Mr. O'Neil feels that while the appellants have space at the northeast corner of the lot, it would be advantageous for them to place the proposed structure near the existing garage. Mr. Fohr made a motion to amend the appeal as submitted and grant the Webers a 3' offset variance off the rear lot line to construct a 12' x 18' second garage structure. Mr. O'Neil seconded. The hardship being the lack of storage space and keeping all of their equipment in one area. Upon a roll call vote, the motion to grant the variance as amended passed unanimously. MISCELLANEOUS DISCUSSION: A joint November/December meeting will be scheduled for Decem- ber 5, 1991. The recording secretary will send a memo to all members. ADJOURNMENT: There being no adjourn and Mr. adjourn passed P.M. jmb further business, Mr. Berken made a motion to Fohr seconded. Upon a voice vote, the motion to unanimously. The meeting was adjourned at 10:45 Respectfully submitted, Jill Blenski (" Recording Secretary CITY OF MUSKEGO NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (3) 6. that a public hearing will be held at the Muskego City Hall, W182 58200 Racine Avenue, at 7:30 P.M., Thursday, September 26, 1991 to consider the following appeals: Appeal 26-91 WAYNE & JAN FLANCHER W166 58304 Kurtze Lane Muskego, WI 53150 Requesting a 2' height variance (over 8') and 15' setback variance for a storage shed. ZONING: RS-3 Appeal 27-91 LAWRENCE KELLER W172 S7455 Center Drive Muskego, WI 53150 Requesting an appeal to the 50% cost rule. Re: 30.03(4)(c) Uniform Bldg. Code. For alterations to existing building exceeding 50% of equalized value of structure. ZONING: RS-3 OED Appeal 28-91 SCOTT MANSKE W166 S8348 Kurtze Lane Muskego, WI 53150 Requesting a 5' setback variance to construct a detached garage. ZONING: RS-3 Appeal 29-91 RICHARD STAHL W186 57048 Gold Drive Muskego, WI 53150 Requesting a 33' 6" setback variance from OHWM (Ordinary High Water Mark) to construct a screen house on an existing deck. Re: 17:9.04 E. ZONING: RS-3 OLS Appeal 30-91 JIM LEIN W186 S6383 Topaz Drive Muskego, WI 53150 Requesting a 4 sq. ft. size variance, a 12' offset variance from rear lot line, and a 12' 5" offset variance from side lot line to construct second garage structure. ZONING: RS-2 Appeal 31-91 RON & DEB WEBER S76 W14938 Velva Drive Muskego, WI 53150 Requesting an 8' offset variance from west lot line to construct second garage structure. ZONING: RS-2 NOTICE OF CLOSED SESSION: PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego will 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 Gerald Fohr, Chairman Dated this 12th day of September, 1991 CITY OF MUSKEGO BOARD OF APPEALS DATE I C) - Se-ef - GI NAME S c-L Tf' R _ ADDRESS (,V tt C;, SS3Lt F> KoTLT -, c Lj+ TELEPHONE 11,Y6 CH) PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W t(,,G LA - SUBDIVISION TYPE OF ZONING S LOT � BLOCK VARIANCE REQUESTED: �`"c ion �QtS�unc�� y/ r�=yo �� �o rn� usure �i y \ 1. �1 i� - ✓- _ ti 1-7.5. 02 1 REASON FOR VARIANC REQUEST:. �m �✓i�c- - �-11�C e �;► ��� strvC+%on, f iD nt a� �R rU i-�+E �GcS O-� ck���.�q $35.00 �' FEE TO BE PAI D JAT T�ME OF APPLICATION: DATE PAID RECEIPT NO. DECISION OF THE BOARD OF APPEALS CHAIRMAN VICE-CHAIRMAN MEMBER 11A MEMBER MEMBER FIRST ALTERNATE SECOND ALTERNATE Secretary Date "G - `/ prov,ed I Refuse