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Zoning Board of Appeals 30-1997Appeal 430-97 Gary Witkowiak 5030 West Cleveland Avenue Milwaukee, WI 53219 Property located at: S73 W 17230 Lake Drive Muskego, W1 53150 Tax Key No. 2193.038 Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks to appeal an administrative decision requiring the removal of two accessory buildings on a residential lot without a primary residence by a set date. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay DECISION OF THE BOARD OF APPEALS The Board discussed that Mr. Witkowiak was well aware that the parcel was in violation with the Zoning Code. The motion was amended to include that the boat house be razed prior to the footing inspection for the new home and the garage be razed prior to final inspection. Approved Chairman O'Neil Approved Vice airman Brandt Approved XF mber Ross �Approved Member Schepp Approved t Member Scht eiker Approved Member Conley (Ist Alt.) Absent Member Herda (2nd Alt.) CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF DECEMBER 11, 1997 PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry Schneiker, Dan Schepp, David Conley, James Ross, and Planning Assistant Carlos Trejo. ABSENT: Ed Herda MINUTES: Mr. Schepp made a motion to approve the September minutes as submitted, Mr. Schneiker seconded. A voice vote was called, and the motion carried. STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given November 26, 1997, in accordance with the open meetings law. OLD BUSINESS: Signing of decision letters for September and October Board meetings. NEW BUSINESS: Appeal # 32-97, Paul Schlottke, W219 S7290 Crowbar Drive, Muskego, WI 53150. Tax Key No. 2186.992. Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks one (1) variance: Chapter 17--Zoning Ordinance: Section 5.02 (2) B. Building Location, Setbacks. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 20.3 foot variance to place an addition to an existing residence 26.7 feet from Crowbar Drive road right-of-way. (zoning requirement is 47 feet) The property is zoned RCE, Country Estate District. An oath was administered to Paul Schlottke and his builder Tim Thiede from Bartelme Builders by Mr. Brandt. Mr. Schlottke explained that this is an old farm house in need of expansion. The house is currently too small for his family, and he would like to expand toward the north within the offset conforming area. Mr. Trejo described the property and structure as legal nonconforming within the RCE zoning district. The lot is too small in size and width for its location, and the house is too small in area, close to the street and close to the southern property line. With the renovations it would bring the house closer in conformance to the required building area, and the proposed expansion is planned in the conforming areas of the lot. Expansion is limited to 50% of the fair market value of the existing home, and according to the assessor's records, there is $33,000 available to renovate this house. Mr. Schlotke stated that the addition location is in the only area possible to utilize the current interior pattern of the residence. The expansion has been placed as far from the front of the home as possible. Appeal #30-97 Gary Witkowiak, 5030 West Cleveland Avenue, Milwaukee, WI 53219 Property located at: S73 W17230 Lake Drive,Muskego, WI 53150, Tax Key No. 2193.038. Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks to appeal an administrative decision requiring the removal of two accessory buildings on a residential lot without a primary residence by a set date. An oath was administered to Gary Witkowiak by Mr. Brandt. Mr. Witkowiak stated he is in the process of purchasing this property from Gary Gaspervich, and he would like to have the ability to use the garage and boat house as storage while building a new residence. He intends to commence building in mid January and would like to utilize the construction dumpster on the site to raze the boat house and the garage. Mr. Trejo stated that this appeal is an administrative decision that originally started with a letter sent to Mr. Gaspervich over a violation to the Zoning Ordinance. The Gaspervichs were advised, prior to applying for a razing permit, that when a residence is razed, the accessory structures to that residence must be removed also. The Gapervichs applied for a razing permit indicating the removal of the three structures on the lot. Only the residence was removed, and further work was stopped. A letter was sent to the Gaspervichs giving them until November 21, 19997, to remove the remaining structures. The Gaspervichs applied for an appeal to the letter in hopes of leaving the two accessory structures on the lot. The garage is close to the lot line and street, and the boat house is too close to the lot line and in disrepair. Staff is concerned over the boat house, because it resembles a small cottage with a fireplace, and what use it could possibly be since it is so far away from where construction is to be. Allowing the garage to remain without a primary residence would be setting a precedence for future building. Mr. Witkowiak, stated he understood that he was buying into a lot with the referenced violation. He is appealing the time line in hopes of being able to utilize the buildngs during construction of his new residence. Appeal # 31-97 Michael and Amy Hall, S79 W16061 Bay Lane Place Muskego, WI 53150, Tax Key No. 2217.989. Under the direction of Chapter 14, Section 7.3 (2) (a) Appeals to the Board and Chapter 17, Section 3.08 (1) Appeal Provisions, both of the Municipal Code, petitioner seeks three (3) variances: 1. Chapter 14-Floodplain Zoning Ordinance: Section 6.3 (1) Mr. Schneiker returned to his seat. DELIBERATIONS: Appeal #30-97 Mr. Brandt made a motion to approve the appeal as submitted. Mr. Ross seconded. The Board discussed that Mr. Witkowiak was well aware that the parcel was in violation with the Zoning Code. The motion was amended to include that the boat house be razed prior to the footing inspection for the new home and the garage be razed prior to final inspection. Upon roll call vote, the motion carried unanimously. Appeal #32-97 Mr. Schneiker made a motion to approve appeal as submitted, hardship cited being the pre-existing location of house on the lot, the nonconformity of the parcel in the zoning district, that the current expansion is further than the front of the house and would not have a public safety impact on Crowbar Road, and that the traffic generation on Crowbar Road is minimal and would not be adversely affected by said expansion. Mr. Brant seconded, upon roll call vote, motion carried unanimously. MISCELLANEOUS BUSINESS: Chairman O'Neil requested the Common Council revisit the issue of 30' height restriction on new residential construction and requested an explanation of the Fire Department's concerns for 30' height restrictions. ADJOURN: Mr. Ross made a motion to adjourn, Mr. Schepp seconded. With no further business to come before the Board, the meeting adjourned at 9:00 P.M. Respectfully submitted, Susan J. chroeder Recording Secretary 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 Alderman's Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, December 11, 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 OCTOBER 23, 1"7, MEETING 5. OLD BUSINESS • Signing of decision letters for September and October. 6. NEW BUSINESS Appeal #30-97 Gary Witkowiak 5030 West Cleveland Avenue Milwaukee, WI 53219 Property located at: S73 W 17230 Lake Drive Muskego, WI 53150 Tax Key No. 2193.038 Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks to appeal an administrative decision requiring the removal of two accessory buildings on a residential lot without a primary residence by a set date. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay Appeal # 31-97 Michael and Amy Hall S79 W 16061 Bay Lane Place Muskego, WI 53150 Tax Key No. 2217.989 REQUESTING. Under the direction of Chapter 14, Section 7.3 (2) (a) Appeals to the Board and Chapter 17, Section 3.08 (1) Appeal Provisions, both of the Municipal Code, Petitioner seeks three (3) variances: 1. Chapter 14--Floodolain Zoning Ordinance: Section 6.3 (1) Floodfringe Areas. No modification or addition shall be allowed to any nonconforming structure unless granted a variance by the municipality. Petitioner seeks to expand and remodel an existing residence within the floodfringe area. BOA 1211 1 /97 Page 2 2. Chapter 17--Zoning Ordinance: Section 5.02 (2) B. Building Location, Setbacks. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located, Petitioner seeks a 17 foot nancc to place an accessory building 8.0 feet from the Bay Lane Place right-of-- way. (zoning requirements 25 feet) 3. Chapter 17--Zoning Ordinance: Section 5.02 (3) A Building Location, Offsets. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is Iocated. Petitioner seeks a 0.7 foot variance to place an accessory building 6.0 feet from the north property line. (zoning requirement is 6.7 feet) Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay Appeal # 32-97 Paul Schlottke W219 S7290 Crowbar Drive Muskego, WI 53150 Tax Key No. 2186.992 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: Chapter 17--Zoning Ordinance: Section 5.02 (2) B. Building Location, Setbacks. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 20.3 foot variance to place an addition to existing residence 26.7 feet from Crowbar Drive road right-of-way. (zoning requirement is 47 feet) Zoned: RCE, Country Estate District 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 26th day of November, 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 Ibis notice. A�av (i 1 Sy7 clan rj CITY OF MUSKEGO BOARD OF APPEALS Appealing Administrative Decision Applicants Name Petitioner's relationship to property (circle applicable): owner lessee other Subject Property Address S 1.--� I,)� I a3(� �r Telephone 5 Parcel Zoning: Fee: $195.00 Tax Key # 3,� Appeal Administrative decision regarding: r Code enforcers name: Reason decision regarding section is incorrect or improperly interpreted: ��_gr �� r ��. i cl Names & last known addresses of the last fee owners of record of all land within 100 feet of any part of the proposed building or premises. (Exclusion of any property owner is sufficient grounds for denial or reversal of decision.) This page may be copied if additional spaces are required. Lcr7-6-1? sEivr 8 y 5TA F-F 27, Colleen and Gary Gaspervich S76 W20813 Sunny Hill Drive Muskego, WI 53150 RE: S 73 W 1723.0, Lake Drive Dear Mr. an Mrs. Gaspervich, DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 Certified Mail Z 067 071 490 Per our phone conversation and meeting Thursday, October 23, 1997, the razing of the residence on the lot located at the above stated address, leaving two stand alone accessory structures, has left the parcel in non-compliance with Section 8.01 (7) B.1, of the City of Muskego Zoning Ordinance. Said section requires that no accessory structures be permitted on a lot without the presence of a primary residence. The razing permit, when submitted, stated that all three structures on the parcel's grounds were to be razed, thus not requiring concern from the Plan Department. When the permit was being closed, it was discovered that only the residence was going to be razed and that the existing boat house and detached garage would remain. To rectify this matter, we had discussed the need to raze the two existing accessory structures prior to the closing of the permit. Since the residence is no longer standing, the parcel located at S73 W 17230 Lake Drive is in violation. This letter is to inform you that both the boat house and detached garage must be razed as soon as possible to bring the parcel into compliance. From our meeting, a deadline date of no latter than November 21, 1997, was agreed upon for the razing of both the boat house and detached garage. Your continued cooperation in this matter is anticipated and appreciated. If you have any additional questions, please feel free to contact me upon receipt of this letter. Sincerely, Carlos Trejo Planning and Zoning Assistant cc: Mayor DeAngelis Alderman Pionek Matthew G. Sadowski, Plan Director Chuck Dykstra, Building Director W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 (— I TY C)F MTJSKEGO J ` R�Z =NG PERMIT APPL=CATION The undersigned hereby applies for a permit to perform work according to the following description. Said applicant agrees that such work will be performed as described and that all work will comply with any and all applicable Statutes of the State of Wisconsin and Ordinances of the City of Muskego. PROPERTY OWNER: OWNERS ADDRESS: OWNERS PHONE #: OWNERS SIGNATUR �j IF APPLICANT OTHER THAN PROPERTY OWNER, THEN LIST NAME AND RELATIONSHIP TO PROPERTY OWNER (general contractor, brother, etc.): NAME: PHONE #: RELATIONSHIP: TURE: cl, All ADDRESS OF STRUCTURE TO BE RAISED: TYPE OF STRUCTURE Ti BE RAISED (home, garage, etc,` 10 �jUvsC TOTAL SQUARE FOOTAGE OF STRUCTURE TO BE RAZED: d D Q ;?,go — �2 OQf ouse-� 7gr`l, TYPE OF ROOFING ON STRUCTURE: (l TYPE OF SIDING ON STRUCTURE: l Ur eS' MUNICIPAL SEWER CONNECTED ? (circle correct) ES NO. MUNICIPAL WATER CONNECTED ? NATURAL GAS CONNECTED ? ELECTRICAL SERVICE DESCRIBE PROPOSED METHOD A a hC? (circle correct) (circle correct) TED ?(circle correct) ZING TO BE USED: DESCRIBE PROPOSED METHOD OF SITE CLEANUP: -� y h" YES NO YES N6 r- C:\WP5I\RAZEAPP - 10/7/94 CD December 9, 1997 George Wartner S7369 W172 Lake Drive Muskego, Wisconsin 53150 City of Muskego W182 S8200 Racine Avenue P.O. Box 903 Muskego, Wisconsin S3150-0903 Attns Carlos Trejo Asst. of Planning & Zoning Res New Business Appeal #30-97 Gary Witkowiak 5030 West Cleveland Ave. !Milwaukee, Wisconsin 53219 Property loacted ats S73 W17230 Lake Drive Muskego, Wisconsin S3150 Tax Key No. 2193.038 Dear Mr. Trejo: This letter is in reference to a Notice of Public Hearing, December 11, 1997, at 7:00 P.M., Thursday, regarding the new business listed above. We are concerned that part of our neighbor's boat house is on our property. We could not find the stake on the property in dispute, listed as #8 on the enclosed sheet #3. We measured 50 feet from the stake that separates the Steinbauer and Wartner properties and it appears that part of the boat house is on our property. Enclosed are Uniform Residential Appraisal Report, Wisconsin Land Survayor Report, a plot map and photos. If you need any more information, please contact us at our home phone, 679-0826, or our business phone, 769-0605. Very truly yours, � A George Wartner enclosures c �, S � r tt 1 .akii%a.«ription a Analysis UNIFOR RESIDENTIAL APPRAISAL R" 'ORT File No. Property -Address W 172 57369 Mr � Census Tract 217 LENDER DISCRETIONARY USE C.ity MUSKEGO County W A U K E S H A State W I Zip Code 53150 Safe Price $ Legal Description LOT 9 KROGMAN'S SUBDIVISION. PART OF E 112 "— Date Owner/Occupant G E O R G E W A R T N E R Map Reference Mortgage Amount $ Sale Price $ Date of Sale PROPERTY RIGHTS APPRAISED Mortgage Type Loan charges/concessions to be paid by seller $ ® Fee Simple Discount Points and Other Concessions R.E. Taxes $ 3 , 4 1 4 .60 Tax Year 19 9 0 HOA $/Mo. Leasehold Paid by Seller $ Lender/Client 1ST FINANCIAL BANK [] Condominium (HUOIVA) STEVENS POINT, WI. De Minimis PUD Source C F# 709 0000 10 1 LOCATION Urban Suburban Rural NEIGHBORHOOD ANALYSIS Good Avq. Fair P(x BUILT UP ® Over 75% ❑ 25-75% 0 Under 2516 Employment Stability ❑ ❑X ❑ E GROWTH RATE ❑ Rapid ® Stable ❑ Slow Convenience to Employment ❑ [11 0 PROPERTY VALUES ® Increasing 0 Stable 0 Declining Convenience to Shopping [X] ❑ ❑ DEMAND/SUPPLY © Shortage 0 In Balance Over Supply Convenience to Schools ❑ M E [ MARKETING TIME X Under 3 Mos. F1 3.6 Mos. Over 6 Mos. Adequacy of Public Transportation Recreation Facilities E] EK Q ❑ EJ ❑ E PRESENT LAND USE % LAND USE CHANGE PREDOMINANT SINGLE FAMILY HOUSING Single Famity Not Likely OCCUPANCY RICE AGE P z (000) (Yf5) Adequacy of Utilities O • 2.4 Family Likely E::] Owner � Property Compatibility X ❑ ❑ ca Multi -family In process E::] Tenant ❑ 12 5 Low NEW Protection from Detrimental Cond. ❑ 0 ❑ [ 250 High 6 0 + Commercial 10 To Vacant (0-5%) MX Police & Fire Protection ❑ 0 ❑ Piedominanl Industrial Vacant (over 5%)= General Appearance of Properties ❑ Q ❑ L 1 1 Vacant 1 7 5 — 3 0+ Appeal to Market X Note Race or the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS: VERY DESIRABLE AREA. PROPERTIES WITH LAKE FRONTAGE ARE IN HIGH DEMANC AND PROPERTY VALUES APPRECIATE RAPIDLY. LOCATED IN THE CITY OF MUSKEGO ON LITTLE MUSKEGO LAKE. GOOD PROPERTY COMPATIBILITY RECREATION. AND APPEAL. ETHERE IS_,A- S4iOPPING CENTER APPROX ONE BLOCK EAST. LOT SLOPES Dimensions " 5 0 X 300 X 68 X 3 0 l3 +— Topography Size DOWN TO THE LAK IRREGULAR Site Area ESTIMATED AT 17,900 SF Corner Lot NO Zoning Classification R E S I O E N T I A L Zoning Compliance Y E S Shape IRREGULAR HIGHEST 8 esen Use- Y E S— Other Use N 0 N E Drainage View AVERAGE GOOD UTILITIES Public Other SITE IMPROVEMENTS Type Public Private Electricity OX Street ASPHALT Landscaping AVERAGE Gas D Curb/Gutter — Driveway ASPHALT Nrater ❑ WELL Sidewalk — [] Apparent Easements NONE Sanitary Sewer OX Street Lights _ FEMA Flood Hazard Yes' No X Storm Sewer _ Alley — FEMA' MaplZone COMMENTS (Apparent adverse easements, encroachments, special assessments. slide areas, etc.): — SEC 9 . T 5 N . R 2 0 E . T ktn o o% pc M r kiT r^ M1/� I i oo;`Lr,� N 0 �.. a 000`a�E � N O cr I l q � O O J l � 1 •/ ��dµ� 0 f t� z7 (-) /) (4: R� 3 OW • � 686 ru 11 t rnf�'686• i1 domes - —iz 41- 2,q J106i ZNr7 1 illill" 4% OREM jr -W VOW% Lm � ro D u nb m O r✓ 0 (D 5 rr (D r ' ��o 0 r m z � :vt, b .fl H• �l n q � � 0 u, y p - H• 0 Z N �C r 0 O Q n c x rr m C7 w c �5x o r " L-i N o z C; in Q � LQ cn [n M b C rn Y G3 Y r` C O � H � fD M U1 H Y- no H. rt Vr 0 3 n U] G rt G t1� n x0 (D Q C 0 rt 0 sv h N N \ CD L1 n r7 a