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Zoning Board of Appeals 30-1994muiLeq0 October 28, 1994 Mrs. Mary Elizabeth Ziegler 4908 N. Marlborough Drive Milwaukee, WI 53217 BUILDING INSPECTION DEPARTMENT W182 58200 RACINE AVENUE • BOX 903 • MUSKEGO, WI 531 50-0903 • (414) 679-41 10 RE: W200 S10721 East Shore Drive, Muskego Dear Mrs. Ziegler The Board of Appeals wishes to advise you that your request for a variance to construct a second garage structure at the above referenced location has been granted with the condition that the out house be eliminated and all other outbuildings be removed except for the boat house. Plan Commission approval is required prior to applying for a building permit. Sincerely, I-I01:11Sexe7Ms11' �ft Susan J. Schroeder Recording Secretary City o/.}inr Re9id",Iial. Jndu.>itria! and levcreafionaf .}acililied CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON OCTOBER 27, 1994. PRESENT: Mr. Dan Schepp, Mr. Dave Warhanek, Mr. Henry Schneiker, Mr. Gerald Fohr and Mr. Chuck Dykstra. EXCUSED ABSENT: Chairman Donald Pionek, Mr. Terry O'Neil and Mr. Darryl Rowinski. Mr. Henry Schneiker made the motion to appoint Mr. Gerald Fohr as Acting Chairman in the absents of both Mr. Pionek and Mr. O'Neil. Mr. Henry Schneiker seconded, upon voice vote, the motion passed unanimously. MINUTES: Mr. Dan Schepp made the motion to approve the minutes of September 22, 1994, meeting as submitted. Mr. Henry Schneiker seconded, upon voice vote, the motion to adopt the minutes passed unanimously. APPEAL #28-94 - Joel and Odilia Small, W180 S7953 Pioneer Drive, Muskego, Wisconsin. Acting Chairman Fohr read the appeals for Mr. and Mrs. Small. 1) Requesting a 12'3" variance from Sections 17:8.07(3) and 17:5.02(3)A.l. which require a 14' offset from the north lot line. To allow the construction of an addition to an existing garage within 119" of the north lot line. 2) Requesting a variance from Section 17:4.06(2)A.1. requirement that a nonconforming structure not be expanded. To allow the existing nonconforming (locational) garage structure to be expanded. Chuck Dykstra explained the RS2 zoning to the board. Mr. Dan Schepp administered a testimonial oath to Mr. Joel Small. Mr. Small explained that the pool and pool deck have been removed since this survey was made. There is a dog kennel presently on the lot that is not reflected on the survey. Mr. Small presented a letter from his neighbor whose lot is closest to the garage, stating he has no problem with the structure being expanded. The addition would be no closer to the lot line than the existing garage. Mr. Small stated he would remove the sidewalk that is currently on both lots and move the dog kennel away from the lot line. Chuck Dykstra stated the dog kennel needs to be 14 feet from the lot line. Mr. Small stated this is a home without a basement. APPEAL #29--94 - Paul and Graciela Pawlak, W195 S7774 Ancient Oaks Drive, Muskego, Wisconsin. Acting Chairman Gerald Fohr read the appeal for Mr. and Mrs. Pawlak. 1) Requesting a 9'4" variance from Section 17:8.08(3), requirement of 15' to allow the construction of a new deck within 518" of the southeast property line. BOARD OF APPEALS, OCTOBER 27, 1994 PAGE 2 Mr. Chuck Dykstra explained the RS3 zoning. Mr. Dykstra also stated that the architectural approval committee has approved the deck and its location. Mr. Dan Schepp administered the testimonial oath to Mrs. Grace Pawlak. Mrs. Pawlak stated they only have 6' of yard, the back yard has a 10' drop within ten feet of their backdoor. Mrs. Pawlak presented the Board with a letter from both of her neighbors on each side granting their approval of the addition of a deck to the rear of the property. APPEAL #30-94 - Ms. Mary Elizabeth Ziegler, W200 510721 East Shore Drive, Muskego, Wisconsin. Acting Chairman Gerald Fohr read the appeal for Ms. Ziegler. 1) Requesting a 253 square foot area variance from Section 17:4.05(2)C.4. requirements, which limits total detached outbuildings to 60% of foot print of the principle structure on lot (792 square feet). To allow the construction of a second garage structure bringing total detached outbuildings to 968 square feet (new building 308 square feet/existing garage 534 square feet). *Note: Plan Commission approval required. Mr. Chuck Dykstra explained the RS2-OLS zoning. Mr. Dykstra also stated the appeal was written and advertised with the information given from the registered surveyor, unfortunately, this information did not contain a wash kitchen that has plumbing and a water heater. Mr. Dan Schepp administered a testimonial oath to the people in the audience that wished to talk on this subject. Mrs. Ziegler requests a garage be built 65' from the house instead of 1901, which is where the boat house is. This boat house is not a garage, it is housing six boats. Mrs. Ziegler stated her doctor has written a letter requesting because of poor health that the garage be allowed to be built at a closer location. Mr. Dave Warhanek asked why was not the garage attached to the new home that was just built? Attorney Dick Double stated the reasons that was not done were size of the lot, the location of the community well on the property and the buried tank. Mr. Double stated removal is costly and new is prohibitive. Mr. Robert Banner stated the appeal notice was confusing because of the misinformation. Mr. Banner is opposed to granting the appeal, he feels this would affect the marketability of his property in a negative way. Mrs. Mary Steckel stated she is not opposed to the garage being built, but she also feels the wash kitchen and some other things could come down before a new structure is built. Mrs. Stecket informed the Board that part of the water tower is also on her property. BOARD OF APPEALS, OCTOBER 27, 1994 PAGE 3 Mr. Dykstra stated the Plan Commission will have to deal with the outhouse on the property. He also stated the garage could be located on other areas of the property and if it was within ten feet of the house, it would be required to have a firewall. Mrs. Rosemary Malanczuk stated she is not opposed to Mrs. Ziegler having a new garage, however, Mrs. Malanczuk feels the old garage, the wash kitchen and outhouse should come down first. Mrs. Kathleen Kaye is concerned about Mrs. Ziegler walking to the edge of her property in winter to get to her car. Mr. Double reminded the Board of the variance granted in 1992, after the fire that destroyed the home, Mr. Double also showed pictures of the area. Mr. Double stated the hardship is the arson, Mrs. Ziegler's health and the sorrow felt. The garage will enhance the value of her property and the surrounding properties. Mr. Banner stated the variance is the issued, not the well, nor the landscaping. Mr. Banner requests that the Board of Appeals denies the request for a variance. APPEAL #31-94 - Gerald and Yvonne Kreuzer, W189 S7512 Oak Court, Muskego, Wisconsin. Acting Chairman Gerald Fohr read the appeal for Mr. and Mrs. Kreuzer. 1) Requesting a 3316" setback variance from Section 17:9.04(7)E. requirement of 50'. To allow construction of a new deck within 1616" of the ordinary high water mark at west side of property, with lesser amounts of variance required at north west and east sides of deck. 2) Requesting a variance from Section 17:4.06(2)A.1. requirement that a nonconforming structure not be expanded. To allow the expansion of an existing nonconforming structure, through the construction of a new deck. Mr. Chuck Dykstra explained the RS3-OLS zoning. Mr. Dan Schepp swore in Mr. and Mrs. Kreuzer. Mr. Kreuzer presented the Board with a letter from all three of his neighbors. Mr. Kreuzer explained the north side of his property has a steep hill and the home has multiple levels. Without a deck out front they would not be able to use this area. APPEAL #32-94 - Chris Varsos, W187 S9222 Racine Avenue, Muskego, Wisconsin. Acting Chairman Gerald Fohr read the appeal for Mr. Varsos. 1) Requesting a 275 square foot variance from Section 17:8.02(7)B.1. and 17:8.01(7)B.2., requirement of 1% of lot area, total allowable square footage for all outbuildings on lot (1,333 square feet). To allow a total of 1608 square feet (2 buildings) in outbuildings on a lot. *Note: Second garage approval required by Plan Commission. Mr. Dykstra explained the R1 zoning. BOARD OF APPEALS, OCTOBER 27, 1994 PAGE 4 Mr. Dan Schepp administered a testimonial oath to Mr. and Mrs. Varsos. Mr. Varsos informed the Board that security is a problem. The driveway is shared with three residences and someone is always coming and going, working multiple shifts. Mr. Varsos stated this will not be used for commercial purposes, currently he has a two car garage and his company car has to be housed in this garage. Mr. Varsos provided a copy of a police report for the members to read. A letter signed by five of his neighbors approving the new structure was produced. Also, Mr. Varsos stated he will be removing the 10' by 10' shed. The Board of Appeals recessed for ten minutes. DELIBERATION OF APPEALS APPEAL #28-94 - Joel and Odilia Small, W180 S7953 Pioneer Drive, Muskego, Wisconsin. Mr. Dan Schepp made the motion to approve the appeal as submitted with the conditions that the dog kennel be moved within the offsets and the concrete sidewalk that is on the lot line be removed. The hardship is the existing location of this dwelling. Mr. Dave Warhanek seconded the motion. Upon roll call vote, the motion carried unanimously. APPEAL #29-94 - Paul and Graciela Pawlak W195 S7774 Ancient Oaks Drive, Muskego, Wisconsin. Mr. Dan Schepp made the motion to approve the appeal as submitted. Hardship is the topography of the rear lot and odd shape of this lot. Also into consideration was the fact this deck was approved by the subdivision architectural committee. Mr. Henry Schneiker seconded the motion. Upon roll call vote, the motion carried unanimously. APPEAL #30-94 - Ms. Mary Elizabeth Ziegler, W200 S10721 East Shore Drive, Muskego, Wisconsin. Mr. Jerry Fohr made the motion to approve the appeal as submitted and include the elimination of the outhouse and the removal of any other outbuildings on the property other than the boathouse. Hardship being the lack of storage for automobiles and garden equipment. Mr. Dave Warhanek seconded motion. Upon roll call vote motion failed three to one. Mr. Schepp asked for more discussion regarding this matter. After a lengthy discussion, Mr. Gerald Fohr made the motion to approve the appeal as submitted and include the elimination of the outhouse and the removal of any other outbuilding on the property other than the boathouse. Hardship being the lack of storage for automobiles and garden equipment. Mr. Dave Warhanek seconded the motion. Upon roll call vote, motion carried unanimously. APPEAL #31-94 - Gerald and Yvonne Kreuzer, W189 S7512 Oak Court, Muskego, Wisconsin. Mr. Dave Warhanek made the motion to approve the variance as submitted. Hardship being unable to use the front of the house and unusual configuration of the lot. Mr. Dan Schepp seconded the motion. Upon roll call vote, motion carried unanimously. BOARD OF APPEALS, OCTOBER 27, 1994 PAGE 5 APPEAL #32-94 - Chris Varsos, W187 S9222 Racine Avenue, Muskego, Wisconsin. Mr. Dave Warhanek made the motion to approve the variance as submitted with the condition the shed be removed. Upon roll call vote, motion carried unanimously. NEW BUSINESS The November meeting will be canceled and rescheduled for a combination meeting for November/December on December 8th. ADJOURN Mr. Henry Schneiker made the motion to adjourn, Mr. Dan Schepp seconded, motion carried. Respectfully submitted, BOARD OF APPEALS Susan J. Sc roeder Recording Secretary AMENDED 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 S8200 Racine Avenue, at 7:00 P.M., Thursday, October 27, 1994, to consider the following appeals: Appeal #28-94 Joel and Odilia Small W180 S7953 Pioneer Drive Muskego, WI 53150 REQUESTING: 2 Variances 1) Requesting a 12'3" variance from Sections 17:8.07(3) and 17:5.02(3)A.1. which require a 14' offset from the north lot line. To allow the construction of an addition to an existing garage within 1'9" of the north lot line. 2) Requesting a variance from Section 17:4.06(2)A.l. requirement that a non- conforming structure not be expanded. To allow the existing nonconforming (locational) garage structure to be expanded. ZONING: RS2 Appeal #29-94 Paul and Graciela Pawlak W195 S7774 Ancient Oaks Drive Muskego, WI 53150 REQUESTING: 1 Variances 1) Requesting a 914" variance from Section 17:8.08(3), requirement of 15' to allow the construction of a new deck within 5'8" of the southeast property line. ZONING: RS3-OPD Appeal #30-94 Ms. Mary Elizabeth Ziegler W200 S10721 East Shore Drive Muskego, WI 53150 REQUESTING: 1 Variance 1) Requesting a 127 square foot area variance from Section 17:4.05(2)C.4. requirements, which limits total detached outbuildings to 60 % of foot print of the principle structure on lot (792 square feet). To allow the construction ofa second garage structure bringing total detached outbuildings to 842 square feet (new building 308 square feet/existing 534 square feet. *Note: Plan Commission approval required. ZONING: RS2-OLS Appeal #31-94 Gerald and Xuanne Kreuzer W189 S7512 Oak Court Muskego, WI 53150 Requesting: 2 Variances 1) Requesting a 33'6" setback variance from Section 17:9.04(7)E. requirement of 50'. To allow construction of a new deck within 16'6" of the ordinary high water mark at west side of property, with lesser amounts of variance required at north west and east sides of deck. 2) Requesting a variance from Section 17:4.06(2)A.I. requirement that a non- conforming structure not be expanded. To allow the expansion of an existing nonconforming structure, through the construction of a new deck. Zoning RS3-OLS Appeal #32-94 Chris Varsos W187 S9222 Racine Avenue Muskego, WI 53150 Requesting: 1 Variance 1) Requesting a 275 square foot variance from Section 17:8.02(7)B.1. and 17:8.01(7)B.2., requirement of 1% of lot area, total allowable square footage for all outbuildings on lot (1,333 square feet). To allow a total of 1608 square feet (2 buildings) in outbuildings on a lot. *Note: Second garage approval required by Plan Commission. Zoning Rl 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.B5 (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 Donald Pionek, Chairman Dated this 14th day of October, 1994 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. CITY OF MUSKEGO BOARD OF APPEALS DATE OCTOBER 27, 1994 APPEAL # 30-94 NAME MARY ELIZABETH ZIEGLER ADDRESS W200 S10721 EAST SHORE DRIVE TELEPHONE 332-8655 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W200 S10721 EAST SHORE DRIVE TYPE OF ZONING RS2-OLS 1) Requesting a 127 square foot area variance from Section 17:4.05(2)C.4. requirements, which limits total detached outbuildings to 60 % of foot print of the principle structure on lot (792 square feet). To allow the construction ofa second garage structure bringing total detached outbuildings to 842 square feet (new building 308 square feet/existing 534 square feet. *Note: Plan Commission approval required. 80.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID 10/12/94 RECEIPT NUMBER 116253 DECISION OF THE BOARD OF APPEALS APPROVED DENIED CHAIRMAN PIONEK VICE-CHAIRMAN O'NEIL MEMBER F MEMBER W MEMBER S FIRST ALTERNATE SCHNEIKER SECOND ALTERNATE ROWINSKI Secretary Date Z�