Zoning Board of Appeals 30-1995CITY OF
MUSKEGO
August 28, 1995
Mr. Alan Rogowski
W138 S7151 Sherwood Circle
Muskego, WI 53150
RE: W138 S7151 Sherwood Circle
Dear Mr. Rogowski:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that your appeal from
Section 4.43 (3) was approved as submitted.
Sincerely,
Susan J. Schroeder
Recording Secretary
cc: Chairman Pionek
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 0 Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON AUGUST 24, 1995.
Meeting called to order at 7:00 PM.
PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr.
Terry O'Neil, Mr. Frank Kerr, Mr. Dan Schepp, Mr. Michael Brandt,
Mr. Matt Sadowski, and Mr. Carlos Trejo.
MINUTES: Mr. Kerr made the motion to adopt the minutes from the
July 27, 1995, meeting with corrections. Mr. O'Neill seconded.
Upon a voice vote the motion to adopt the minutes of the July 27,
1995, meeting passed unanimously.
NEW BUSINESS
Appeal # 24-95 Terry Ignaczak and Dreamsbuilt, Inc., W174 S6801
East Drive, Muskego, Wisconsin. Chairman Pionek read the appeal
for Mr. Ignaczak. Requesting relief from Chapter 17--Zoning
Ordinance, Section 5.02(2)A, Building Location: Offsets and
Section 8.07 (3)--RS-2, 20,000 square foot Suburban Residence
District: Building Location. Said sections define the needed side
yard offsets as fifteen (15) feet. The petitioner is requesting an
offset variance of nine (9) feet to build a garage addition six (6)
feet from the side property line.
Mr. Trejo explained the zoning and acreage.
Vice Chairman Schneiker administered an oath to Mr. Tony Bialise
and Mr. John Coleman of Dreamsbuilt, Inc., both of whom represented
Mr. Ignaczak. Mr. Coleman explained there is a City owned easement
bordering Mr. Ignaczak's property and the other neighbors within
100 feet have signed a letter granting their approval of proposed
garage. Discussion ensued regarding other possible locations for
proposed structure. The hardship stated was lack of storage.
Appeal # 25-95 Randy Henke, W187 S6485 Diamond Drive, Muskego,
Wisconsin. Chairman Pionek read the appeal for Mr. Henke.
Requesting relief from Chapter 17--Zoning Ordinance, Section 4.05
(2) C.4 Accessory Uses and Structures: Permanent Structures,
Section 5.02 (1) Building Location, and Sections 8.06 (3) and
9.07(3)--RS-3/OED, 15,000 square foot Suburban Residence District
in an Existing Development: Building Location. Said section
restricts the size of a detached garage to 60% of the total floor
area of the principle building on the lot and sets a setback line
for any building 40' from the road right-of-way. The petitioner is
requesting an 11% variance to construct a 576 square foot garage in
which total outbuildings would equal 71% of the total floor area of
the principle building on the lot and a thirty (30) foot setback
variance to build said garage ten (10) feet from the road
right-of-way.
Assistant Planner Carlos Trejo described the zoning.
Page 2 Board of Appeals, August 24, 1995
Mr. Schneiker administered an oath. Mr. Henke stated he will be
razing the existing garage. The hardship is there has been a rash
of crime in this area, he has had equipment stolen. The front of
his yard is where the sewer lateral is located. The Board
discussed various locations for proposed garage.
Appeal # 26-95 Steve Haupt, W193 S6885 Hillendale Drive, Muskego,
Wisconsin. Chariman Pionek read the appeal for Mr. Haupt.
Requesting relief from Chapter 17--Zoning Ordinance, Section 4.05
(2) C.4 Accessory Uses_ and Structures: Permanent Structures. Said
section restricts the size of a detached garage to 60% of the total
floor area of the principle building on the lot. The petitioner is
requesting a 54.8% variance to build a 1,296 square foot garage
structure in which total outbuildings would equal 114.8% of the
total floor area of the principle building on the lot.
Assistant Planner Carlos Trejo described the zoning.
Mr. Schneiker administered an oath to Mr. Haupt and the City
Planner Matt Sadowski. Mr. Sadowski stated Plan Commission
Resolution 108-95 approved the proposed building with the condition
that the existing 20' x 20' building be razed. Mr. Haupt stated
neighbors signed letters granting their approval of his proposed
building. The hardship stated was lack of storage.
Appeal # 27-95 Dr. David Hofineister, S76 W17527 Janesville
Road, Muskego, Wisconsin. Chairman Pionek read the appeal for Dr.
Hofineister. Requesting relief from Chapter 17--Zoning Ordinance,
Section 4.03 (2) Structures Other Than Buildings, Section 5.02 (2)
D Building Location, and Section 6.09 (8) (d) Sign Classification
and Regulations: Setbacks and Offsets. Said sections require any
structure over six (6) inches from the surface of the ground to
conform to the setback requirements of the zoning district. The
petitioner is requesting a 23' foot setback variance to re -erect a
sign 37' feet from the center line of Janesville Road.
Assistant Planner Carlos Trejo described the zoning.
Dr. Hofineister and City Planner Matt Sadowski were sworn an oath by
Mr. Schneiker. Mr. Sadowski stated Plan Commission did not need to
grant approval, however, this sign was there by a previous variance
and in order to re -erect a sign a new variance would need to be
granted. Dr. Hofineister stated the old sign was destroyed in a
storm, nothing was salvageable.
Appeal # 28-95 David W. Doern, II, W186 S6826 Jewel Crest
Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr.
Doern. Requesting relief from Chapter 17--Zoning Ordinance,
Section 4.05 (2) C.4 Accessory Uses and Structures: Permanent
Structures. Said section restricts the size of a detached garage
to 60% of the total floor area of the principle building on the
lot. The petitioner is requesting a 21.5% variance to build a 672
square foot garage structure in which total outbuildings would
equal 81.5% of the total floor area of the principle building on
the lot.
Page 3 Board of Appeals, August 24, 1995
Assistant Planner Carlos Trejo described the zoning.
Mr. Doern was sworn in by Mr. Schneiker. Mr. Doern stated his has
a small lot and a small house with no basement. Currently there is
a metal shed that needs to be removed. He proposed to keep the
garage level with the road. The neighbors have written letters
stating they have no objections.
Appeal # 29-95 Donald and Kathy Kirby, W192 S6570 Hillendale
Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr.
Kirby. Requesting relief from Chapter 17--Zoning Ordinance,
Section 4.05 (2) C.4 Accessory Uses and Structures: Permanent
Structures, Section 5.02 (1) Building Location and Sections 5.02
(1) Building Location and 8.07 (3)--RS-2 20,000 square foot
Suburban Residence District: Building Location. Said section
restricts the size of a detached garage to 60% of the total floor
area of the principle building on the lot and sets a setback line
for any building 40' from the road right-of-way. The petitioner is
requesting an 55.5% variance to construct a 672 square foot garage
in which total outbuildings would equal 115.5% of the total floor
area of the principle building on the lot and a 36' setback
variance to build said garage four (4) feet from the road
right -of --way.
Carlos Trejo described the zoning.
Mr. Schneiker administered an oath to Mr. Kirby. Mr. Kirby stated
he intends to build a garage adjacent to his home. His residence
is 24' x 281, only 1100 square feet. He has a metal shed but it
will not allow the room for his tractor and bicycles. Mr. Kirby
stated his hardship is he would lose the majority of his backyard
if he were to place the garage back there also, the cost of
bringing in fill. He is also concerned he would cause a change in
the drainage.
Appeal # 30-95 Alan Rogowski, W138 S7151 Sherwood Circle,
Muskego, Wisconsin. Chairman Pionek read the appeal for Mr.
Rogowski.. Requesting relief from Chapter 30--BuildingCode,
Chapter XI, Section 4.43 (3) C Garages: General Re uirements
Area. Said section limits the size of a wood frame garage to 720
square feet without a dividing fire wall. The petitioner is
requesting a 780 square foot variance to build a 1,500 square foot
garage structure without a dividing fire wall.
Mr. Schneiker administered an oath to Mr. Rogowski. Mr. Rogowski
stated he proposes to add an additional exit, smoke detectors and
extinguishers. He has already determined to scale down the size of
his proposed structure to 1440 square feet, thus only requesting
one firewall variance.
DELIBERATION OF APPEALS
APPEAL #30-95 Mr. O'Neil made a motion to grant the variance,
the spirit of the code is perceived plus Mr. Rogowski is adding an
additional exit and two fire alarms. Public welfare is not in
Page 4 Board of Appeals, August 24, 1995
jeopardy, the structure is far enough away from his residence and
the neighbors. Mr. Schneiker seconded. Upon a roll call vote,
Appeal #30-95 passed unanimously.
APPEAL #24-95 Mr. O'Neil made a motion to grant the appeal
with the amendment of 5' offset , due to discrepancies in the
calculations. Hardship being lack of storage for cars. Mr. Kerr
seconded. Upon a roil call vote, Appeal #24-95 passed unanimously.
APPEAL #25-95 Mr. O'Neil made a motion to amend the appeal to
include 1.2' offset on the south lotline and grant the appeal as
requested. Hardship being lack of storage, location on the lot and
security. Mr. Brandt seconded. Upon a roll call vote, Appeal
#25-95 passed unanimously.
APPEAL #26-95 Mr. Kerr made a motion to amend the variance to
include a firewall variance and to grant the square foot variance.
The hardship is the lack of storage. The 20' x 20' garage would
have to be razed. This variance would not be adverse because it
is within the spirit of the community. Mr. O'Neil seconded. Upon
a roll call vote, Appeal #26-95 passed unanimously.
APPEAL #27-95 Mr. Brandt made a motion to grant the variance
as requested due to the fact there had been a previous variance on
this sign. The stipulation placed on this variance is in the event
of future road or sidewalk expansion the sign will be the
responsibility of the owner to remove or replace. Mr. Schepp
seconded. Upon a roll call vote, Appeal #27-95 passed unanimously.
APPEAL #28-95 Mr. O'Neil made a motion to grant the appeal as
requested, subject to razing of shed. The hardship being the size
of the lot and the location of the existing structure. Mr. Schepp
seconded. Upon a roll call vote, Appeal #28-95 passed unanimously.
APPEAL #29-95 Mr. Schepp made a motion to defer Mr. Kirby
until a survey can be provided as without one there can be no
determination of a hardship. Mr. O'Neil seconded. Upon a roll
call vote, Appeal #29-95 was deferred.
MISGELANEOUS BUSINESS
Mr. Schneiker made a motion to adjourn. Mr. Kerr seconded. Upon a
voice vote, the motion to adjourn passes unanimously. With no
further business to come before the Board, the meeting was
adjourned at 11:00 PM.
Respectfully submitted,
Susan J. Schroeder
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 S8200 Racine Avenue, at 7:00 P.M., Thursday, August 24,
1995, to consider the following petitions for appeals to the
Zoning Ordinance of the City of Muskego:
Appeal # 24-95 Terry Ignaczak and Dreamsbuilt, Inc.
W174 S6801 East Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Section 5.02(2)A, Building
Location: Offsets and Section 8.07 (3)--RS-2, 20,000
square foot Suburban Residence District: Buildin
Location. Said sections define the needed side yard
offsets as fifteen (15) feet.
The petitioner is requesting an offset variance of nine
(9) feet to build a garage addition six (6) feet from
the side property line.
Zoning:
Appeal # 25-95
RS-2, 20,000 square foot Suburban Residence
Randy Henke
W187 S6485 Diamond Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Section 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures, Section 5.02
(1) Building Location, and Sections 8.08 (3) and
9.07(3)--RS-3/OED 15,000 square foot Suburban Residence
District in an Existing Development: Building
Location. Said section restricts the size of a detached
garage to 60% of the total floor area of the principle
building on the lot and sets a setback line for any
building 40' from the road right-of-way.
The petitioner is requesting an 11% variance to
construct a 576 square foot garage in which total
outbuildings would equal 71% of the total floor area of
the principle building on the lot and a thirty (30) foot
setback variance to build said garage ten (10) feet from
the road right-of-way.
Zoning: RS-3/OED, 15,000 square foot Suburban
Residence in and Existing Development
Appeal # 26-95 Steve Haupt
W193 S6885 Hillendale Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--ZoningOrdinance, Section 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures. Said
BOA 8/24/95
Page 2
section restricts the size of a detached garage to 60%
of the total floor area of the principle building on the
lot.
The petitioner is requesting a 54.8% variance to build a
1,296 square foot garage structure in which total
outbuildings would equal 114.8% of the total floor area
of the principle building on the lot.
Zoning: R-2, 60,000 square foot Country Home District
Appeal # 27-95 Dr. David Hofineister
S76 W17527 Janesville Road
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Section 4.03 (2) Structures Other
Than Buildings, Section 5.02 (2) D Building Location,
and Section 6.09 (8) (d) Sign Classification and
Regulations: Setbacks and Offsets. Said sections
require any structure over six (6) inches from the
surface of the ground to conform to the setback
requirements of the zoning district.
The petitioner is requesting a 23' foot setback variance
to re -erect a sign 37' feet from the center line of
Janesville Road.
Zoning: B-3, 20,000 square foot General Business
District
Appeal # 28-95 David W. Doern, II
W186 S6826 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Section 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures. Said
section restricts the size of a detached garage to 60%
of the total floor area of the principle building on the
lot.
The petitioner is requesting a 21.5% variance to build a
672 square foot garage structure in which total
outbuildings would equal 81.5% of the total floor area
of the principle building on the lot.
Zoning: RS-3/OLS, 15,000 square foot Suburban
Residence in a Lake Shore District
Appeal # 29-95 Donald and Kathy Kirby
W192 S6570 Hillendale Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Section 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures, Section 5.02
(1) Building Location and Sections 5.02 (1) Building
BOA 8/24/95
Page 3
Location and 8.07 (3)--RS-2 20,000 square foot Suburban_
Residence District: Building Location. Said section
restricts the size of a detached garage to 60% of the
total floor area of the principle building on the lot
and sets a setback line for any building 40' from the
road right-of-way.
The petitioner is requesting an 55.5% variance to
construct a 672 square foot garage in which total
outbuildings would equal 115.5% of the total floor area
of the principle building on the lot and a 36' setback
variance to build said garage four (4) feet from the
road right-of-way.
Zoning: RS-2, 20,000 square foot Suburban Residence
District
Appeal # 30-95 Alan Rogowski
W138 S7151 Sherwood Circle
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
30--Building Code, Chapter XI, Section 4.43 (3) C
Garages: General Requirements, Area. Said section
limits the size of a wood frame garage to 720 square
feet without a dividing fire wall.
The petitioner is requesting a 780 square foot variance
to build a 1,500 square foot garage structure without a
dividing fire wall.
Zoning: RS-2, 20,000 square foot Suburban Residence
District
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
Donald Pionek, Chairman
Dated this llth day of August, 1995
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.
BOA 8/24/95
Page 4
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..
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name _Alan Kogowski
Subject Property Address:
S7151 - W138 Sherwood Circle
Telephone 425-3438 (Work 482-3700 )
Property Zoning�qllr)Iirhan ReGi(1anc6ey # 22f]S9.9f�
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $80.00
Date inspector c dat'o ssued permit:
P �� 7-17-95
Requesting variance to Section
30.43-3
To allow: The construction of a second garage without the
requirement of an interior fire wall for every
720 sg._feet of space.
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
The si 7e and shape- of the items being stered within would
non-functionalmake the RfLjintULE use.
Pinch points and corners would be created resultingin a
potential safety hazard to people guiding items in and higher
risk of damage to the structure and equipment.
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
We arP prnviding a greater degree pf, ,life _ ,afp_ty and the
dis_t_a=e between surro"ni jiag structures lends t is building to
be somewhat isolated and non -threatening. Closest residence
owner approx. 82 feet). Neighbors (approx. 155 feet).
* Please Note: Building down sized from 30'x50'(1500 sq.ft.)
To 30'x48' (1440 sq. ft.)
E3 A FoundingMember
of the Great Lakes Design Consortium
DESIGN
-
GROUP
City of Muskego
Department of Building Inspection Augdst 8, 1995
Attn.: Mr. Chuck Dykstra, Chief Building Ins$ector
Re: Request for variance from local code for Roc,
Residence on Sherwood Ct for 30 x 50 tetachdo Garage.
Dear Mr. Dykstra,
Pursuant to local ordinances and requirements for a ma�xcimum 720
SF of garage area this letter is written to supj3ort a tariance to
the above referenced code.
NOT SELF IMPOSED HARDSHIp
The particular code in question will not permit the owper to
store his recreational vehicle indoors and thus it will present, a
hardship that is not self imposed.
MEANS OF PROVIDING A GREATER
The following is presented to
Of life safety as provided in
1nnik
hus it
will be 1,440 SF, Therefore reducing the n er o required
fire walls to one and therefore reducing the risk .
DEGREE OF LIFE SAFB'Ty
provide an equal or greater degree
your code;
2. Hardwired smoke detectors will be added and tied nto the
main house alarm system, thus providing thelinhab tants of
the garage the maximum amount of time avail6ble to exit the
building and inform the fire department of �ny fi e, thus
providing an additional means to increas6 life -safety over
the minimum required by local codes,
3. An additional exit door will be installed taus providing a
minimum of two means of egress from the bui ding :thus
providing an additional means to increascs 1 fe--safety over
the minimum required by local codes,
4. `Pwo fire extinguisher will be provided. One at eadh exit as
an additional means to increase life-Safety'over the minimum
required by local. codes, !
SUMMARY
Note, the state building code does not require toe
The local code imposes a hardship and with the four
to the plan the life -safety of the building will be
Please support the variance. Should you require
.information, please feel free to call,
Sincerely,
Bob Schultz,
fire wails,
modifications
increased.
itidxnal
41A '-Uii
rchltects / Planners / Construction Strategists / Rem+hers
14860 W, Mayflower Cf., New Berlin, Wl P151
Tel & Fax:414.821-9433
I
!1
0
` v z
mn v03_ --4 --4 L
Ob t i Q
t
ro �-
I It
C
` 1 •^�1 1i I v� O
y
w
1
C
1
L
�
9
�• o
\t
O
v
f
—21
F
1
J
�
O
O
I
'� I
m
♦Z�//��
CD
r� V.y QR f"•
�
p '1.
"I
CA CD
nj
6 03•,��
a to
;y
v
UA
Q
di d
CD
Zs
CD
.06
0
y 37 Li
4 ^ � r•1 Q
N
\A3
�
v