Zoning Board of Appeals 29-1997l
crry of,
r. MUSKEQO
January 24, 1997
Mr. Dean Lubecke
S67 W18902 Tans Drive
Muskego, WI 53150
RE: W183 S6526 Jewel Crest Drive
Dear Mr. Lubecke:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise your appeal #2-97 was
adjourned to the February 27, 1997, meeting.
Please be advised your material needs to be receipted in at the
Plan Department prior to the deadline date (February 12, 1997).
Should you have any questions regarding this matter, please contact
Carlos Trejo at 679-5674.
Sincerely,
Susan J. Sc` oeder
Recording Secretary
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
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, January 23, 1997, to consider the following
petitions for appeals to the Zoning Ordinance of the City of
Muskego:
I. CALL TO ORDER
2. ROLL CALL
3. STATEMENT OF PUBLIC NOTICE
4. APPROVAL OF MINUTES OF THE DECEMBER 12, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letters from the December 12,
1997 meeting.
6. NEW BUSINESS
Appeal # 01-97
Kevin J. and Cynthia L. Ryan
W163 S7984 Bay Lane Place
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 10 feet from the northern
property line. Petitioner seeks a 1.5 foot offset
variance to build an attached garage 8.5 feet from the
northern property line.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
District in a Lake Shore District.
Appeal # 02-97
Dean A. Lubecke
W183 S6526 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
BOA 01/23/97
Page 2
1. Chapter 17---Zoning Ordinance: 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, 10,000 S.F. Suburban Residence
7. Miscellaneous Business.
Election of Vice Chairman for 1997.
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 10th day of January, 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
MINUTES OF BOARD OF APPEALS MEETING HELD ON JANUARY 23, 1997.
PRESENT: Chairman Terry O'Neil, Michael Brandt, Dan Schepp, James
Ross, Heather Schuster, Ed Herda and Henry Schneiker.
Secretary reported that the meeting was properly noticed in
accordance with the Open Meeting Law.
MINUTES: Mr. Schepp made a motion to approve the minutes of
December 12, 1996, as submitted. Ms. Schuster seconded. Upon
voice vote, the minutes of December 12, 1996, were approved
unanimously.
OLD BUSINESS
Signing of decision letters from December 12, 1996.
NEW BUSINESS
Appeal # 01-97 Kevin J. and Cynthia L. Ryan, W163 S7984 Bay Lane
Place, Muskego, WI REQUESTING: Under the direction of Section
3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1.
Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location:
Offsets. Said regulation restricts the offset of any structure 10
feet from the northern property line. Petitioner seeks a 1.5 foot
offset variance to build an attached garage 8.5 feet from the
northern property line.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence District in a Lake
Shore District.
Mr. Schepp administered an oath to Mr. Kevin and Mrs. Cindy Ryan.
Mr. Ryan submitted signatures from surrounding neighbors granting
their approval of the proposed garage variance. Mr. Ryan submitted
pictures of the neighborhood showing the close proximity of
previously built garages. Also, there were pictures of other lakes
properties in Muskego where garages had been built too close to the
lot line. Mr. Ryan produced copies of eleven previous variances
granted for lack of storage (Mr. Ryan stated those cases were
similar to his request). Mr. Schepp informed Mr. Ryan variances
are granted on an individual basis. Mr. Ryan stated his hardship
being lack of storage, safety of his family (being able to park
inside a garage), and location of existing house on the lot.
The variance requested is for one and one-half foot offset, the
drawing was down scaled as much as possible to allow for a two car
garage.
Mr. Schepp stated the reason the previous appeal was denied was due
to the assumption on Mr. Ryan's part that a variance would be
approved prior to purchasing the property and the short length of
occupancy.
BOA 05/23/96
Page 2
Chairman Terry O'Neil stepped down on Appeal #2-97, Mr. O'Neil is
an adjacent property owner. Mr. Dan Shepp chaired the meeting for
this appeal.
Appeal # 02-97 Dean A. Lubecke, W183 S6526 Jewel Crest Drive,
Muskego, WI REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter
17--Zoning Ordinance: 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, 10,000 S.F. Suburban Residence
Mr. Schneiker swore in Marcel Hansen, W183 S6495 Jewel Crest, Mr.
Terry O'Neil, W183 S6532 Jewel Crest and Dean Lubecke, property
owner.
Mr. Trejo explained the fee was paid on January 22, 1997, beyond
the deadline for Board of Appeals. Attorney Molter suggests two
alternatives: one; hear appeal, two; adjourn appeal until February
27th meeting allowing time for Board Members to read appeal.
Mr. Trejo also stated the dollar amounts presented are not
acceptable, by adjourning until the February meeting would allow
time for Mr. Lubecke to obtain more accurate costs.
Mr. Brandt made a motion to adjourn Appeal 2-97 until February 27,
1997, meeting. Ms. Schuster seconded. Upon roll call vote, motion
to adjourn this appeal was unanimous. The secretary reminded Mr.
Lubecke the deadline for filling new information for the February
meeting is February 12, 1997.
Mr. Schepp returned the chairmanship to Mr. O'Neil.
DELIBERATION
APPEAL #t-97 Mr. Brandt made a motion to approve variance due to
existing location of the house on the property, hardship being lack
of storage, shape of the lot and safety to family. Mr. Brandt
amended to request to a two (2) foot offset. This request is not
adverse to public safety and is within the spirit of the code nor
contrary to the character of the neighborhood. Also stating the
previous variance request (#37-96) was excessive. Mr. Herda
seconded. Upon roll call vote, motion was approved. Ms. Schuster
and Mr. Schepp voting nay. 5-2
NEW BUSINESS
Mr. Shepp nominated Mr. Mike Brandt as Vice Chairman. Mr. Herda
seconded. Upon roll call vote the nomination was approved. Mr.
Brandt voting nay. 6-1
BOA 05/23/96
Page 3
ADJOURN
Mr. Herda made motion to adjourn. Mr. Schneiker seconded. Upon
voice vote and with no further business to come before this board,
the meeting was adjourned at 8:10 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
CITY OF DEPARTMENT OF CITY PLANNING
4
Matthew G. Sadowski, Plan Director
1�TTc�+Trrnn (414) 679-4136
C
February 28, 1997
Dean A. Lubecke
S67 W 18902 Tans Drive
Muskego, W1
RE: Appeal #02-97
W 183 56526 Jewel Crest Drive
Dear Mr. Lubecke,
Please be advised that the Board of Appeals refused to hear Appeal #2-97 due to a lack of
sufficient information. At the previous meeting, dated January 23, 1997, the Board had
requested revised plans and construction estimate costs be submitted no latter than
February 12, 1997. These items are essential for the Board when reviewing the City of
Muskego Zoning Ordinance to determine the measure of expansion of the existing legal
non -conforming structure in accordance to Section 4.06 (2) A and the dollar amount that
would have exceeded the current fair market value of a legal non -conforming structure in
accordance to Section 4.06 (2) B. Said items were never submitted.
You are entitled to the following two options:
1. Relocate the existing structure to meet the proper setback and offsets required
for the underlying zoning district, or
2. Raze the building.
Please notify Carlos Trejo, from the Plan Department, within the next 30 days as to which
option you will be selecting. Should you have any further questions, please, also, notify
Mr. Trejo at 679-5674.
Sincerely,
st_�w8 SS.a2a—
Susan J. Schroeder
Recording Secretary
CC.' Matt Sadowski, Plan Director
Alderman D'Acquisto
Mayor De Angelis
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
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, February 27, 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 JANUARY 23, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letter from the January 23,
1997 meeting.
6. NEW BUSINESS
Appeal # 02-97
Dean A. Lubecke
W183 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---Zoning Ordinance: 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, 10,000 S.F. Suburban Residence
Appeal # 03-97
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 02/27/97
Page 2
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A
Building Location: Offsets. Said regulation requires a
minimum 15' offset from the northern property line.
Petitioner seeks a 6 foot variance to permit a 16' X 24'
Accessory Structure 9 feet from the northern property
line.
2. Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said regulation
restricts the height of an accessory structure to 15
feet. Petitioner seeks a 2' variance to permit a 17'
high accessory structure.
Appeal # 04-97
Nick Macht
W186 S6709 Crest 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: Section 5.02 (2) B
Building Location: Setbacks. Said regulation requires
a minimum 50.5 foot setback from the center line of the
road. Petitioner seeks a 9.1 foot variance to replace
a 20' X 24' Accessory Structure 41.4 feet from the
center line of the Emerald Drive.
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.
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 14th day of February, 1997
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 27, 1997.
PRESENT: Chairman O'Neil, Michael Brandt, James Ross, Heather
Schuster, and Ed Herda.
ABSENT: Dan Schepp, Henry Schneiker.
Secretary reported that the meeting was properly noticed in
accordance with the Open Meeting Law.
MINUTES: Mr. Herda made a motion to approve the minutes of January
23, 1997, as submitted. Ms. Schuster seconded. Upon voice vote,
the minutes of January 23 1997, were approved unanimously.
OLD BUSINESS
Signing of decision letter from the January 23, 1997 meeting.
NEW BUSINESS
Appeal # 02-97 Dean A. Lubecke, W183 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--Zoning Ordinance: 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, 10,000 S.F. Suburban Residence
Chairman Terry O'Neil stepped down as chairman, Vice Chairman
Brandt took over chairmanship of meeting.
Mr. Trejo explained this appeal had been adjourned from the January
23, 1997, meeting to allow the petitioner time to obtain a drawing
of what was built as well as calculations. Mr. Trejo stated on
February 14th, Mr. Lubecke only submitted a revised application for
the Board of Appeals.
Mr. Brandt made a motion to deny hearing this appeal due to the
lack of sufficient information. Ms. Schuster seconded. Upon roll
call vote, motion to deny passed unanimously.
Mr. Trejo explained to Mr. Lubecke his options are to relocate the
existing structure to meet the proper setback and offset required
for the zoning district or raze the building.
Mr. O'Neil resumed chairmanship of the meeting. Ms. Schuster
removed herself from hearing Appeal #03-97 as the immediate
neighbor is a client of hers.
Appeal # 03-97 Donald M. Peil, W194 S7057 Hillendale Drive,
Appeal #19-97
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--Zonin-g Ordinance: 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.
DECISION OF THE BOARD OF APPEALS
Approve as submitted. Hardship stated was the pre-existing location of structure..
Abstained
Chairman O'Neil
Denied
Vice Chairman Brandt
Member Herda
Member Schepp
Member Schneiker
Absent
Denied
Absent
Denied
Mem r Schuester (I" Alt.4 e, /, /� )
Denied
tuber Ross (2"d Alt.)
Page 2
Appeal #18-97
William R. and Pamela Lehmann
W 183 S6453 Jewel Crest Drive
Muskego, Wl 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2)
variances:
L Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot
setback from Topaz Drive. Petitioner seeks a 21 foot variance to build an accessory structure 34 feet from
the centerline of Topaz Drive.
2. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot
setback from Jewel Crest Drive. Petitioner seeks a 29 foot variance to build an accessory structure 26 feet
from the centerline of Jewel Crest Drive.
Zoned: RS-3/0LS, Suburban Residence District with a Lake Shore Overlay.
Appeal #19-97
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--Zoning Ordinance: 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.
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.
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
Tent' ONeil, Chairman
Dated this 13th day of Junc, 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
,tttendance 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.
BOA 06/26/97
Page 5
Appeal #19-97 Dean A. Lubecke, W183 S6526 Jewel Crest Drive
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. The property is
zoned RS-3/OLS, Suburban Residence District with a Lake Shore
Overlay.
Chairman Terry O'Neil stepped down as chairman. Vice Chairman
Mike Brandt took over the meeting.
Vice Chairman Brandt administered an oath to Dean and Sherry
Lubecke and neighbor Terry O'Neil.
Dean Lubecke stated he obtained a permit from the Building
Department and the Plan Department to extend the foundation and
build an exposed basement. This project was just a hobby to
work with his family. When he purchased the home, the ad
mentioned this would be a handyman's special. Mr. Lubecke
stated he then received a letter from the City stating he was
going too slow and the City would be monitoring his progress.
At that time, a carpentry company got involved to speed the
project up, and then Mr. Trejo wrote a letter stating that the
project had gone too far and to stop work. Mr. Lubecke was
requested to bring in receipts from contractors for work being
done, but Mr. Trejo questioned the validity of the receipts.
Carlos Trejo stated that the question before the Board is
whether the appellant may exceed the 50% rule. This parcel is
composed of two nonconforming lots that create a conforming
parcel. There is plenty of buildable space on this property.
The existing structure on the property is too close to Jewel
Crest, and the owner expanded the structure in the
nonconformance area. The foundation permit issued was in the
buildable space and at that time it was explained to Mr. Lubecke
what the 50 % rule was. Mr. Trejo stated the City is not
denying Mr. Lubecke the use of his lot, however, this is a
public safety issue being too close to the intersection and too
close to the road. The other issue here is there was no permit
applied for to build a second story nor a first and second story
on the new foundation.
Mr. Terry O'Neil stated he has been living next to this
structure for 10 years and has requested from the Building
Department to have it condemned to no avail. It is a pleasure
to finally have someone fix up this house and no longer have to
watch it being vandalized.
A ten minutes recess occurred. Chairman Terry O'Neil resumed
chairmanship over the meeting.
DELIBERATIONS:
Appeal #13-97 Mike Brandt made a motion to accept appeal as
submitted. Hardship being structure located 2.9 feet from the
BOA 06/26/97
Page 6
property line (preexisting location) and basement leakage
(safety). Jim Ross seconded. After discussion upon a roll call
vote, motion passed unanimously.
Appeal #17-97 Dan Schepp made a motion to deny as submitted.
Mike Brandt seconded. Mr. Schepp and Mr. Brandt rescinded their
motion upon the advice of the City Attorney to make positive
motions.
Mr. Dan Schepp made a motion to approve appeal as submitted.
Jim Ross seconded. After discussion, upon roil call vote,
motion was denied 4-1, Chairman O'Neil voting yes.
Appeal #18-97 Heather Schuster made a motion to approve as
submitted on location "B" with the stipulation that a survey be
submitted to the Plan Department with setbacks located on the
map. Hardship being unique parcel (narrow). Jim Ross seconded.
After discussion, Ms. Schuster made a motion to defer until
location "B" could be identified on a certified survey, a
location not to be in the Right -of -Way. Jim Ross seconded, upon
roll call vote, motion to defer passed unanimously.
Appeal #19-97 Dan Schepp made a motion to accept the appeal as
submitted. Hardship being location of building on site.
Heather Schuster seconded. Upon roll call vote, motion to
accept was denied 4-0. (Mr. O'Neil abstained from voting).
MISCELLANEOUS BUSINESS Mr. Brandt questioned when building
ordinances would be rewritten.
ADJOURN: Mike Brandt made a motion to adjourn. Heather
Schuster seconded, with no further business to come before the
board, meeting adjourned at 12:30 A.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
A-011SOCIATED UMUSTRMS
BLUE MNT (DRAWLrio) COMMOL
DA% 7ED11-�,� BY:
CITY OF MUSKEGO US PiUNIS HAVE BEEN DEMOYED
BOARD OF "PETS ( �
DA � BY:
Application for Variance
Applicants Na
Subject Prope
Telephone
Property Zoning�j - Key #
Petitioner's relationship to property
owner lessee other
Fees: $1.95.00
(circle applicable):
Date inspector denied permit:
Requesting variance to Section ��, f)
To allow:
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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DEAN A, LUBECKE
HOME LOCATED AT: W183 S6526 JEWEL CREST DR,
MUSKEGO
WINDOW SCHEDULE:
LIVING ROOM:
NORTH WALL (1) 57" X 54"
SOUTH WALL (1) 57" X 54"
EAST WALL (2) 48" X 54"
(1) 6'8" X 8' SLIDING DOOR
DINING ROOM:
(1) 54" X 48"
(1) 52" X 48"
KITCHEN:
(1) 48" X 48"
(1) 36" X 28"
MASTER BEDROOM:
(1) 26" X 48" SOUTH WALL
(2) 44" X 36" WEST WALL
MASTER BATH:
(1) 18" X 24"
2ND FLOOR:
BEDROOM #2:
(1) 58" X 54" SOUTH WALL
2ND FLOOR:
BEDROOM #3:
(1) 66" X 54" WEST WALL
2ND FLOOR:
UPPER BATH:
(1) 28" X 42"
2ND FLOOR:
LOFT AREA:
NORTH WALL (1) 48" X 54"
SOUTH WALL (1) 48" X 54"
BASEMENT:
(1) TT X 8' SLIDING. DOOR, EAST WALL
(2) 48" X 54" EAST WALL
NORTH WALL (1) 16" X 32'
SOUTH WALL (1) 16" X 32'
ASSOCZA-r.Lt . �
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$LLJg Pr ,1i f (DRAW So) COMUOL
ALLi-icLv,i;;i
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nay-.�--
EAST GABLE:
(1) 4' X 8' HALF ROUND JUN I 1 1997
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Appeal 429-97
Dean A. Lubecke
W 183 S6526 Jewel Crest Drive
Muskego, Wl 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Section 4.06 (2) A. Legal Nonconformity: Classification and Regulation -
Nonconfonning 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.
DECISION OF THE BOARD OF APPEALS
Approve as submitted. The hardships discussed were miscommunication with the previous
building permit issued, loss of use of the home and location of lot on two road and the shape of
the lot it creates. Conditions of approval also included that the appellant will have to remove the
existing garage located near the intersection, removal of existing brush and berm located along
Jewel Crest and the house is to be reconfigured as submitted in the alternative plan that removes a
portion of the nonconforming second level..
Abstained
Chairman O'Neil
Approved
Vice Chairman Brandt
Absent
Member Ross
Approved
Member Schepp
Approved
Member Schneike
Approved
Member Conley (1 st Alt. )
Absent
Member Herda (2nd Alt.)
CITY OF
i,,-MUS.KEGO41-
October 31, 1997
Mr. Dean Lubecke
S67 W18902 Tans Drive
Muskego, WI 53150
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, AICP
Director of Planning
(414) 679-4136
RE: Appeal #29-97, W183 S6526 Jewel Crest Drive
Dear Mr. Lubecke:
The Board of Appeals wishes to advise your appeal from Section 4.06
(2) A., Legal Noncomformity was approved with the following
conditions: 1. The second story over the nonconforming portion
over the residence is to be removed on west elevation as per
revised plan. 2. Prior to occupancy; the detached garage and the
brush and berms along Jewel Crest Drive must be removed. Please
be advised a building permit is required prior to the razing of
the garage and for the work remaining on the residence.
Should you have any questions, please contact Carlos Trejo at
679-5674.
Sincerely,
Susan J. S oeder
Recording Secretary
W182 S8200 Racine Avenue a Box 903 0 Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
outbuildings, allowing still the alternatives to convert, modify
or reduce the existing structure. Staff does not see a hardship.
Mr. Pizur stated that his hardship is lack of storage and that
the ordinance permits horses, yet does not provide for their
care. The building would benefit the area in terms of its
appearance, he has a large lot and it will be well off view from
Durham, and would be in the public's interest in terms he would
have a well kept lot.
Appeal #29-97
Dean A. Lubecke, W183 S6526 Jewel Crest Drive Tax Key #2194.168
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1. Chapter 17--Zoning
Ordinance: 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. The property is
zoned RS-3/OLS, Suburban Residence District with a Lake Shore
Overlay.
Chairman O'Neil stepped down during this appeal, citing that the
appellant is his neighbor.
Vice Chairman Brandt administered an oath to Mr. and Mrs. Dean
Lubecke and Terry O'Neil (neighbor). Attorney Jim Gatzke
accompanied Mr. Lubecke, to provide Board members with
information. Two plans had been submitted, one depicting the
residence as it stands now and one which removed a portion of
the second level in the legal nonconforming area. Mr. Gatzke
stated that Mr. Lubecke has improved a derilic structure that
has been an eye sore for years. A letter from a neighboring
resident and an article from the local newspaper were
submitted. Mr. Lubecke would like to continue and finish what
he has already done. The hardship is the unique shape of the
lot and it location. The two existing streets accommodate the
structure, but when the ultimate right-of-way is taken into
account, the structure is rendered half useable. Mr. Lubecke is
willing to remove the garage, opening the vision site, clear
away the brush and remove the berms, in order to be allowed to
finish the project he started. Mr. Gatzke stated the neighbors
are not in opposition of the proposed work. The removal of the
garage would enhance health and safety in the area. Dean Lubecke
stated no matter who owned this property, a variance would be
required because of the 50% rule. Mr. Lubecke state he would do
whatever it takes to make the City happy, including obtaining a
razing permit to remove the garage.
Mr. Trejo stated Mr. Lubecke was granted a permit to extend the
foundation on the conforming portion of the home. During work
on the foundation, the petitioner exceeded the permitted work
and was halted from any further construction. The city had
obtained an estimate for the work performed from an independent
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
allowing members access onto an individual's property if they
chose to pursue an appeal.
ADJOURN: Mr. Schepp made a motion to adjourn, Mr. Schneiker
seconded. With no further business to come before the Board,
the meeting adjourned at 9:30 P.M.
Respectfully submitted,
Susan J. S eder
Recording
Secretary
BOA 10/23/97
Page 2
1) Chapter 17--Zoninp, 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 t.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--Zoning Ordinance: 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
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.
Applicants dame
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
C
Subject Property Address: LL) I
Telephone
Property Zoning ZS-3/0LS Key # Z(714.
Petitioner's relationship to property (circle applicable):
wne lessee other
Fees: $195.00
Date inspector denied permit:
Requesting variance to Section
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
s Y
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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DEAN A. LUBECKE
HOME LOCATED AT: W183 S6526 JEWEL CREST DR
MUSKEGO
WINDOW SCHEDULE:
LIVING ROOM:
NORTH WALL (1) 5T' X 54"
SOUTH WALL (1) 57" X 54"
EAST WALL (2) 48" X 54"
(1) 6'8" X 8' SLIDING DOOR
DINING ROOM:
(1) 54" X 49'
(1) 52" X 48"
KITCHEN:
(1) 48" X 48"
(1) 36" X 28"
MASTER BEDROOM:
(1) 26" X 48" SOUTH WALL
(2) 44" X 36" WEST WALL
MASTER BATH:
(1) 18" X 24"
2ND FLOOR:
BEDROOM #2:
(1) 58" X 54" SOUTH WALL
2ND FLOOR:
BEDROOM 43:
(1) 66" X 54" WEST WALL
2ND FLOOR:
UPPER BATH:
(1) 28" X 42"
2ND FLOOR:
LOFT AREA:
NORTH WALL (1) 48" X 54"
SOUTH WALL (1) 48" X 54"
BASEMENT:
(1) 6'8" X 8' SLIDING DOOR, EAST WALL
(2) 48" X 54" EAST WALL
NORTH WALL (1) 16" X 32"
SOUTH WALL (1) 16" X 32"
EAST GABLE:
(1) TX 8' HALF ROUND
9-12-97 SUMMARY OF REMODELING
ADDRESS: W183 S6526 JEWEL CREST DRIVE, MUSKEGO, WI.
REMOVE ROOF, REBUILD UPSTAIRS AREA, TO INCLUDE (2) BEDROOMS A FULL
BATH AND A LOFT AREA.
EXTEND IST FLOOR AREA OVER NEW FOUNDATION.
CLEAR SPAN BASEMENT AREA IN THE NEW SECTION OF BASEMENT. PUT IN A
CONCRETE PATIO ON CREEK SIDE OF BUILDING.
ADD A DECK OUT FRONT OF BUILDING, (CREEK END OF BUILDING).
ON THE EXTERIOR OF THE HOUSE, REMOVE EXISTING SIDING, ADD A 4' HIGH
BRICK BELT AROUND ENTIRE BUILDING, WITH THE REMAINDER OF STRUCTURE
TO BE A HORIZONTAL VINYL SIDING WITH ALUMINUM SOFFIT, FACIA AND TRIM.
REMOVE EXISTING GARAGE, LOCATED NEXT TO JEWEL CREST DRIVE, REMOVE
AND REFURBISH PROPERTY LINE ALONG JEWEL CREST DRIVE, TO INCLUDE
REMOVING UNDER BRUSH AND ANY UNSIGHTLY GROWTH IN THAT AREA,
EXTENDING TO THE BRIDGE OVER THE CREEK.
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