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ZBA-Minutes 30-1989cilif of Yjlfjlzey�? December 18, 1989 Mr. Donald L. Zoellner W179 S6783 Muskego Drive Muskego, WI 53150 Dear Mr. Zoellner: DrP,-APTkIENT OF PL-ANNING ,- ND DEVELCT ,I ff:\ T %V182 $8_'00 RAGE 1VE\L t 0 8OX 9W • NiL: -KEGC '.':I 53150 09U3 11i3) i�-9 i The Board of Appeals wishes to advise you that your request for a 3' offset varfnnc, has been denied but an 18" 11 1/2' nffcar variance has been granted to construct a driveway. Thank you. Sincerely, BOARD OF APPEALS Cheryl Schmidt Recording Secretary cds cc: Chairman Gerald Fohr Oily o/ 7ine Ke.lideitlial. and I creuiiona :�7acilifiv,s CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON DECEMBER 7, 1989. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: - Chairman Gerald Fohr, Vice Chairman Thomas Berken, Terry O'Neil, Daryl Rowinski, Bonnie Posbrig and Director Gerald Lee. ABSENT: Lloyd Erno. MINUTES: Mr. Berken moved to approve the Minutes of the October 26, 1989 meeting. Mr. O'Neil seconded. Upon a voice vote the motion passed unanimously. APPEAL 29-89 - DENNIS YOUSSI - Chairman Fohr requested Mr. Youssi, S70 W17683 Mus ego Drive to state his case and hardship. Mr. Youssi stated that he is requesting a 3.5' offset from the lot line to construct an addition. This addition would go out towards the lake with an exposed basement and a third bedroom, as the house is too small for his family. His hardship is that he has a Narrow triangular shaped lot with an existing house. Mr. O'Neil questioned whether he would have a full basement? Mr. Youssi responded "yes". Mr. Lee explained the zoning requirements. Mr. Robert Stoll, a neighbor next door expressed concern about whether it would go back to the existing zoning if it burned down. Mr. Lee said that it would. If it is destroyed over 50% it must be built in accordance with the proper offsets. Mr. Pionek asked what size the addition will be? Mr. Youssi responded that it will be a one-story addition 12' x 30'. There being no further discussion, the appellant was informed he could call the Building Inspection Office in the morning for a decision or wait for the decision to be mailed to him within 5 days. APPEAL 30-89 - DONALD ZOELLNER - Chairman Fohr requested Mr. Zoellner, W 79 S6783 Mus ego Drive to state his case and hardship. Mr. Zoellner stated that he is requesting a 3' offset variance to construct a driveway. He said he submitted a full set of of plans to the Building Inspection Department showing his 3-car garage plus an addition and at that point there was little concern about a variance. His hardship is that the lot is long and narrow and he cannot get in and out of his garage easily. At this point he gave the members a larger sketch of his driveway. He commented that he has checked over 50 homesites on Muskego Drive that are abutting their Neighbor's lot line and none have applied for variances for driveways. He has renovated a 1940's house to look like a present day structure. He doesn't feel there will be a decrease in his adjacent neighbor's property value. He commented that his neighbor's lot adjoins an access Page 2, Board of Appeals Minutes 12/7/89 lot and appears to be larger. Chairman Fohr asked if any property owners would like to speak? Mr. John Ross, a neighbor who lives north of Mr. Zoellner (W179 56773 Muskego Drive) said he would not want to give him an easement because he could have put his garage doors the other way. Mr. Zoellner has already put his electric cables on his lot line and he presented pictures to the members to show the ground dug up on his side of the lot line by the bulldozer hired to to do Mr. Zoellner's driveway. He felt Mr. Zoellner could get into his driveway with 15' of space and he feels we should stay with the code. Mr. Steve Wunderlock, a neighbor (W180 S6793 Muskego Drive) expressed concern about snow removal and feels aesthetically the driveway could be a problem. Mr. Berken questioned what the typical driveway width would be? Mr. Lee stated that it could be 8' to 10'. Mr. Zoellner commented that he based his house plans on what Waukesha and Milwaukee allowed for driveways and wasn't informed until too late about Muskego's. Mr. Ron Knox, a neighbor (W180 S6807 Muskego Drive) felt that the driveway easement problem was known by Mr. Youssi prior to the remodeling of his house. When a person buys a property he buys it with all the laws. Chairman Fohr stated that when you have narrow lots you must be nice to your neighbors. Mr. Youssi stated that he will restore the damaged area of Mr. Ross's property in the spring. Mr. Lee commented that you can put a gravel driveway up to the lot line, but a permanent driveway must be 3' from the lot line. Mr. Youssi was questioned about whether the grade height will change. He responded that his mason shot a transit the same as the ground level. There being no further discussion, the appellant was informed he could call the Building Inspection Office in the morning or a decision will be mailed to him within 5 days. APPEAL 32-89 - ATONEMENT LUTHERAN CHURCH - Chairman Fohr requested that the appellant state his case and hardship. Mr. Jeff Olson from Atonement Lutheran Church, W148 S6871 Durham Drive stated that the church has two signs on the property now. One is a directional sign and the sign to be put up in the front is smaller. They will move one sign further west. Mr. Lee stated that they are allowed up to 4 directional signs. Mr. Pionek asked Mr. Lee what the maximum square footage for a sign would be. Mr. Lee responded that the church is within the size limit --they need a variance for the number of signs. There being no further discussion, the appellant was informed he could call the Building Inspection Office in the morning or a decision will be mailed to him within 5 days. Page 5, Board of Appeals `!inutes 12/7/89 Chairman Fohr moved to go into Closed Session pursuant to Section 19.85 (1)(a) of the State Statutes for the purpose of deliberating concerning cases which were the sublect of aquasidudicial hearing; said cases being the above listed appeals. Vice Chairman Berken seconded and the motion carried unanimously upon a voice vote. The Board took a break at 9:45 P.M. The Board reconvened into Closed Session at 10:00 P.M. APPEAL 29-89 - The Board discussed Mr. Youssi's request. Chairman Fohr e t that the addition will be placed in a good position on the lot. APPEAL 30-89 - The Board discussed Mr. Zoellner's driveway. Mr. Berken could see giving him a 1' driveway variance which would make him 2' from the neighbor's lot line. Mr. Rowinski stated that he could see a split in the offset variance requested, as it is a very narrow lot. Mr. Pionek wanted to know if it will be asphalted or a compacted driveway. Chairman Fohr asked the secretary to note that Mr. Zoellner had left a list of neighbors whose driveways abut or are within 3' of the lot line and have not had variances. The members felt an 18" variance should be granted. APPEAL 32-89 - The Board discussed Atonement Lutheran Church s request. They felt the hardship was the pre-existing signs. APPEAL 31-89 - The Board discussed St. Paul's request. Chairman Fohr stated that as a firefighter you do what you can to stop the fire whether it is monitored or not. Mr. Rowinski felt that the church's attorney wants this requirement thrown out on a technicality of what the code covers; the only hardship being the maintenance of the system. Mr. Berken asked if the Board could take out some of the detectors. There was some discussion about where to take out the smoke detectors. The solution is to look for a mediator or outside expert and have the Fire Department and the church live with it. This appeal should be denied as is but the Board suggests that they get together with Gerry Lee to work out a compromise and submit a written report to the Board of Appeals at their next meeting on January 25, 1990. At 10:50 P.M. the Board reconvened into Open Session. ROBERT KLENZ REALTY S. 75W. 17425 Janesville Road P.O. Box 181 Muskego, WI 53150 (414) 6 79-9400 LJ �, ZKU � ROBERT KLENZ REALTY December 1, 1989 To Whom It May Conern: In my opinion, constructing an asphalt drive -way that would directly abut the north lot line at W179 S6783 Muskego Dr. would have no direct affect on adjoining property values. The code currently would allow a drive -way to be built 3 feet of this lot line. This difference should not materially affect any neighbor's property value. The current renovations should enhance adjoining property values. Sincerely, Bob Pelzmann (IMLS 4EA.TCo 1 f 0 tltl 44 flat of Ourury Survey For Heritage Bank of Whitefish Bay Location W179 S6783 Muske;o Drive p�npuan. A strip of land in the South 1/2 of Section 4, 1o+an 5 11or T:an;e 20 fast, City of Mushego, Waukesha County, Wisconsin, sai strip of land lying between the center line of a road and the sty of Little Muskego Lake, described as follows: Corriencin at a in a line bearing due East and West which is 618.42 feet South q and parallel to the North line of said Mouth 1/2 of Section 4, ai C2624.45 feet West of the East line of said South 1/2 of said Secl 4; thence North 180 48' East, 45 feet to the 1;outheasterly corne, of said strip or parcel of land or Lot No. 11; running thence 140 871 25' West 255 feet, more or less to the shore of Little Huske Lake; th�nce again from the `.outheasterly corner of said Lot 11, North.l3 48' Fast, 45 feet to the Northeasterly corner of said Lot 11, and thence North 850 07' '.lest, 2.75 `-.eet, snore or less to the shore of Little Nuskego Lake. RESERVING the Easterly 20 :ceet for road Purposes. ' I Sometimes known as Lot 11, Block 3 of 11AUTKE' S unrecorded OAK R r67'A/ � -'T274 00'-- < ! e" v ti wi s h 215.02' Q 6 "ENC. '�! B e'�o--235..53 -- rAqr3` 5.00'-- oeo jai&M .�`�coNs��► THOMAS INMAN 232;460' 33 w O1 - L ?o' ,� Scale / r INMAN ENGINEERING OF &AoLA&C w171 47k3 ZCl"LL. A-'ch i <----10 i It &A C)<-- i le6G= S --'5 0 )-<-- 10, .4-- 112 ,"r qS- 7 7' le,-- 2 6 ' ---�> • /h uSKC'�� �' �- vu176 Sw77Y r2r�Ss GA4A6- �q