ZBA-Minutes 31-1991city o ! l��ct.Ser�o 31.1LG1NC �i, r�';CN E..N;7
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September 27, 1991
Mr. and Mrs. Ron Weber
S76 W14938 Velva Drive
Muskego, WI 53150
Dear Mr. and Mrs. Weber:
The Board of Appeals wishes to advise you that your request for
a variance as submitted was amended. You were granted a 3' rear
offset variance to place a second garage structure behind
your existing detached garage. You will still need approval of
the Plan Commission before a building permit will be issued for
the second garage structure.
Thank you.
Sincerely,
BOARD OF APPEALS
Jill Blenski
Recording Secretary
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CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING ON SEPTEMBER 26, 1991.
Chairman Gerald Fohr called the meeting to order at 7:40 P.M.
PRESENT: Chairman Fohr, Vice -Chairman Terry O'Neil, Thomas
Berken, and Donald Pionek.
ABSENT: Lloyd Erno, Bonnie Posbrig, Darryl Rowinski, and
Director Chuck Dykstra
MINUTES: Mr. O'Neil made a motion to approve the minutes of the
August 22, 1991 meeting and Mr. Berken seconded. Upon a voice
vote, the motion to adopt the minutes passed unanimously.
APPEAL 26-91 - Wayne and Jan Flancher, W166 S8304 Kurtze
Lane, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr.
and Mrs. Flancher requesting a 2' height variance and 15' setback
variance for a storage shed. Zoning: RS-3. The appellants were
not present at the meeting. The board members decided that they
would consider the appeal based on the information submitted by
Mr. and Mrs. Flancher.
APPEAL 27-91 - Lawrence Keller, W172 S7455 Center Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Keller
requesting an appeal to the 50% cost rule. Zoning: RS-3 OED.
Mr. Keller appeared before the Board. He stated that he purchased
the home unaware of the 50% rule. The house is assessed at
$17,900. He and his wife are doing extensive remodeling and
putting on an addition. The addition includes a bedroom on the
first floor which would enable Mr. Keller more room to maneuver as
he is confined to a wheelchair. Mrs. Keller presented the Board
with a sketch showing that the present bedroom on the first floor
is too small. The Kellers have taken out a $12,000 loan for the
work which is over 50% of the assessed value. Due to the fact
that he is handicapped, much of the work being done is to modify
the home to make it more accessible to him. He believes that the
amount for these specific modifications should not be included in
the 50% cost rule. He believes that while the intent of many laws
is not to discriminate, the effect of the 50% rule in his case is
discriminating because he is handicapped. Mr. Keller did state
that he did not take out a permit or contact the Building
Inspection Department. The contractor doing the work dug the
footings for the addition and stated that he was not aware that a
permit was needed. Mr. Keller told the Board that he canvased his
neighbors and no one is opposed including the neighbor that had
originally complained. Mr. Fohr asked Mr. Keller to present a
plan and survey showing the addition. Both were submitted to the
Board. Mr. O'Neil stated that the 50% rule was created to protect
people. The Board did not believe Mr..Keller was being
discriminated against. Mr. Berken informed Mr. Keller that the
Minutes of Board of Appeals
September 26, 1991 Meeting
Page 2
excavated area needs to be enclosed better to protect against
anyone from falling into the hole.
APPEAL 28-91 - Scott Manske, W166 S8348 Kurtze Lane,
Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Manske
requesting a 5' offset variance to construct a detached garage.
Zoning RS-3. Mr. Manske appeared before the Board. He presented
the members with written reasons why he is requesting the
variance. There is a WEPCO utility pole on his lot that would
prohibit his placing the proposed garage further back. Mr. Manske
stated that relocating the pole would be very expensive. He also
stated that the pole is used by cable and telephone companies as
well.
APPEAL 29-91 - Richard Stahl, W186 S7048 Gold Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting a
33' 6" setback variance from Ordinary High Water Mark to construct
a screen house on an existing deck. Zoning: RS-3 OLS. Mr. and
Mrs. Stahl appeared before the Board. They have a deck and have
placed two temporary type screen houses on the deck in the past
three years. Both of these were lost due to stormy weather. The
deck was built on the lowest part of the lot so as not to block
anyone's view of the lake. If the screen house is placed further
back from the water, it will block their view. The Stahls stated
that they enjoy sitting outdoors, and would like a permanent
structure for protection against bugs. Mrs. Stahl stated that
they have owned the home for three years and are only interested
in beautifying the property. They have talked to various
neighbors and have not received any opposition. Mr. Berken stated
that he talked to a neighbor who was not in favor of the Board
granting the variance. Mrs. Stahl said they only want to use the
screen house during the summer. Mr. Fohr expressed concern that
if the variance was granted, the structure would be used all year
long. Mr. O'Neil stated that the DNR should be contacted. If the
variance is granted by the Board of Appeals, the DNR may not allow
this structure. The Chairman also expressed concern as to the
deck foundation supporting the structure.
APPEAL 30-91 - Jim Lein, W186 S6383 Topaz Drive,
Muskego, Wisconsin. Mr. Fohr read the appeal requesting a 4
sq. ft. size variance, a 12' offset variance, and a 12' 5"
offset variance from rear lot line to construct a second
garage structure. Zoning: RS-2. Mr. Lein appeared before the
Board stating he wants to construct a 12' x 18' storage shed. He
has a 10' x 13' shed now that would be replaced by the larger
structure. This is the only place for him to put this structure
on his lot. The building will be used for storage of lawn
equipment, etc. Mr. Haji Souri, a neighbor, appeared before the
Board. He stated he does not object to the structure and its
location.
APPEAL 31-91 - Ron and Deb Weber,-S76 W14938 Velva Drive,
Muskego, Wisconsin. Mr. Fohr read the request for an 8' offset
variance from west lot line to construct a second garage
Minutes of Board of Appeals
September 26, 1991 Meeting
Page 3
structure. Zoning: RS-2. Mr. and Mrs. Weber appeared before the
Board and stated that they have a lot of equipment for scuba
diving, two motorcycles, etc. They do not have enough storage
space in their garage. The second garage structure would probably
not be built until spring. Mr. Wujcik, a neighbor, appeared
before the Board. He is in opposition to the structure being
placed alongside the garage. He does not want to look at another
garage. He does not feel it will enhance the property. He cannot
understand why the Webers need this structure. Mr. Wujcik feels
that Mr. Weber should have come and spoke to him about it first.
It has been rumored that the structure will be used by Mr. Weber
to repair cars. Mr. Wujcik asked Mr. Weber about the trailer that
is currently outside. Mr. Weber stated that it would be kept in
the storage building. Mr. O'Neil pointed out to the appellants
that they could add to their existing garage. Mr. Pionek would
like to see the structure placed in the northeast corner of the
lot as there is room there, and this location would not require a
variance. The Webers do not want to put the structure there.
They want to keep it closer to the existing garage as it would be
more convenient. The Board asked the Webers if they would
consider placing the storage shed in back of the garage, 2' from
the existing garage. This would require a 3' offset variance.
They responded that they would be willing to place the structure
there. Mr. Wujcik would be agreeable to that location also.
Chairman Fohr called a short recess.
The Board remained in Open Session.
APPEAL 26-91 - Wayne & Jan Flancher, W166 S8304 Kurtze
Lane. Chairman Fohr made a motion to approve the variance as
submitted. Mr. Pionek seconded. The hardship being the placement
of the existing house on the lot with the front yard in the 100
year floodplain. Upon a roll call vote, the motion to grant the
2' height variance and 15' setback variance passed unanimously.
APPEAL 27-91 - Lawrence Keller, W172 57455 Center Drive.
Mr. O'Neil made a motion to approve the request as submitted. The
Board will recommend to Mr. Dykstra that he watch the contractor
in this particular case to make sure that he does what is
necessary. They believe he was negligent in not coming to
the Building Inspection Dept. for a permit for the addition in the
first place. Mr. Fohr seconded the motion. The hardship being
that Mr. Keller is handicapped, and that the 50% rule should not
be applied. Upon a roll call vote, the motion to grant the
variance passed unanimously.
APPEAL 28-91 - Scott Manske, W166 S8348 Kurtze Lane.
Mr. Fohr made a motion to approve the variance, and Mr. Pionek
seconded. The hardship being the location of the house on the
lot. Upon a roll call vote, the motion to grant a 5' setback
variance passed unanimously.
APPEAL 29-91 - Richard Stahl, W186 S7048 Gold Drive.
Minutes of Board of Appeals
September 26, 1991 Meeting
Page 4
APPEAL 29-91 - Richard Stahl, W186 S7048 Gold Drive.
There was some discussion regarding this appeal. Is the proposed
structure considered permanent? Yes, according to Mr. Pionek
because this structure has a roof. Chairman Fohr objects to this
as he believes it will open up all kinds of problems on the lake
in the future. Mr. Berken made a motion to deny the variance, and
Mr. Fohr seconded. Upon a roll call vote, the motion to deny the
variance passed unanimously.
APPEAL 30-91 - Jim Lein, W186 56383 Topaz Drive. Mr.
O'Neil made a motion to grant the variance, and Mr. Pionek
seconded. The hardship being the topography of the site does'not
allow for the structure to be placed at another location. Upon a
roll call vote, the motion to grant the variances passed
unanimously.
APPEAL 31-91 - Ron and Deb Weber, S76 W14938 Velva Drive.
There was discussion on this appeal. Mr. O'Neil feels that while
the appellants have space at the northeast corner of the lot, it
would be advantageous for them to place the proposed structure
near the existing garage. Mr. Fohr made a motion to amend the
appeal as submitted and grant the Webers a 3' offset variance off
the rear lot line to construct a 12' x 18' second garage
structure. Mr. O'Neil seconded. The hardship being the lack of
storage space and keeping all of their equipment in one area.
Upon a roll call vote, the motion to grant the variance as amended
passed unanimously.
MISCELLANEOUS DISCUSSION:
A joint November/December meeting will be scheduled for Decem-
ber 5, 1991. The recording secretary will send a memo to all
members.
ADJOURNMENT:
There being no further business, Mr. Berken made a motion to
adjourn and Mr. Fohr seconded. Upon a voice vote, the motion to
adjourn passed unanimously. The meeting was adjourned at 10:45
P.M.
Respectfully submitted,
Jill Blenski
Recording Secretary
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CITY OF MUSKEGO
BOARD OF APPEALS
DATE �/�/f/
NAME 2!!1427 Y-
ADDRESS �5710 w/y93 �' /�ELy� �ae• TELEPHONE 2-2--9Z2-6 (f�)
��/ -tom 5� X 3/ 9 (ten
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS -576, 4t)1V.573 ,? //EL !/,*- jOR
SUBDIVISION �/��J L�}LclY� Sum.3 LOT BLOCK 7
TYPE OF ZONING<
VARIANCE REQUESTED:
REASON FOR VARIANCE REQUEST: �• �: ; - ..- h o G ..,, ., E 5-ri. �_ :3
$35.06-� FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID -/,� _ n� RECEIPT NO. / i
DECISION OF THE BOARD OF APPEALS
pproved Refused
CHA I RMAN
VICE -CHAIR.
MEMBER _ f/
MEMBER/7,�,�
MEMBER
FIRST ALTERNATE
SECOND ALTERNATE
Secretary
to