Zoning Board of Appeals 31-1993Cell (1/ 711111j/1t,qo
CITY OF MUSKEGO BOARD OF APPEALS MINUTES HELD ON OCTOBER 28,
1993. Chairman Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Gerald Fohr, Mr. Lloyd Erno, Mr. Donald
Pionek, Mr. Terry O'Neil, and Mr. Chuck Dykstra, Sr.
ABSENT: Mr. Thomas Berken, Mr. Darryl Rowinski, and Mr. Robert
Vitt.
MINUTES: Mr. Terry O'Neil made the motion to accept the minutes
with the correction that all motions in September's meeting
were made by roll call vote. Mr. Erno seconded, motion
carried.
APPEAL # 28-93 - Dale and Sharon Wollenzien, W187 S9653 Parker
Drive, Muskego, Wisconsin, 53150, appeared requesting one
variance:
1). A variance to firewall requirement of Section 30.43(3)(c)
which requires a 720 square foot maximum area for a wood frame
garage structure (firewall required over 720 sq. ft.)
Mr. Dykstra discussed R-1 zoning. This property has five plus
acres. This building will be used for horse stalls and storage.
Mr. Wollenzien stated this building will be used for
agricultural purposes.
Mr. Dykstra stated the Fire Department will relax or eliminate
the ruling if detached structure is away from other buildings.
Mr. Pionek questioned if in fact the building is 60 feet away
from the house. Mr. Wollenzien stated this is correct.
Mr. O'Neil questioned if there is a limit on the number of
horses that can be housed in this barn. Mr. Dykstra stated
there is a limit of five horses.
Mr. Wollenstein stated he has four family members and only four
horses. The rest of the area will be used to house a box
trailer and another open wood trailer out of view.
Mr. Wollenstein said the firewall could go two ways:
1. Cutting the building would block the ventilation for the
horses.
2. Perpendicular would also block the ventilation and hinder
the parking of the trailers.
APPEAL #29-93 - Ray Ingold, S76 W17501 Janesville Road,
Muskego, Wisconsin, 53150. Requesting one variance:
ii"1-919.44sfri<r( 'iirrl It cr..etiorru1 Y-i.i_r ---- -
BOARD OF APPEALS
NOVEMBER, 1993
Page 2
1). A variance to Section 17:04.6(2)A.l. requirement that a
nonconforming structure not be expanded or enlarged to allow an
addition to existing locational nonconforming structure.
Mr. Dykstra described the B-3 district. This property is
existing nonconforming. Also discussed was the right-of-way
for Janesville Road.
Mr. Ingold stated the addition would be to the rear of the
building for an office, he described it as a kitchen table
business and would like to keep the home location. Mr. Pionek
asked if the addition would be two stories. Mr. Ingold replied
the addition is a 20' x 40' two story addition.
Chairman Fohr questioned converting one of the out buildings
for an office. Mr. Ingold stated there are workshops in those
buildings as well as personal storage.
Mr. O'Neil asked how many outbuildings are there located on the
property. Mr. Ingold stated there are three outbuildings,
however, he owns four lots.
Mr. Ingold informed the Board that his home has historical
value and would be building the addition to enhance the
building. He stated he wants to stay in this location with his
business and because of the location of the house on the
property he has no other location to expand his business for an
office.
APPEAL #30-93 - Scott Lubeck, S79 W16163 Bay Lane Place,
Muskego, Wisconsin, 53150, appeared requesting one variance:
1). A 2'10" offset variance from Section 17:08.08(3) and
17:9.04(3) requirement of 6'8" to allow attached garage to
be constructed within 3'10" of east property line.
Mr. Dykstra stated this is a waterfront parcel OLS has a 66'
width with 6'8" and 10' side yard offsets. The 60'
right-of-way gets into the home.
Mr. Lubecke stated he has no garage or storage shed on his
property. He owns two vehicles, and his lawn mower are stored
outside which create an eyesore.
Mr. Pionek questioned how many feet from the proposed garage is
the well located? Mr. Lubecke stated the distance from the
well could vary. Mr. Pionek questioned the topography of the
front of the property. Mr. Lubecke stated there is a drop off
in the front. Mr. Lubecke produced letters from his neighbor
stating they had no objection to the proposed garage.
APPEAL #31-93-William and Sharon Nienow, S66 W18515 Jewel
Crest, Muskego, WI 53150, requesting three variances:
BOARD OF APPEALS
NOVEMBER, 1993
Page 3
1). A 1'4" offset variance from Section 17:08.08(3) and
17:9.04(3) offset variance from Chapters requirement of 5'7" to
allow an existing foundation to be reconstructed within 4'3" of
the west property line.
2) A variance from 17:04.06(2)A.1. requirement to allow
expansion of existing non conforming (location) dwelling,
addition to be in conforming location.
3) A variance from Chapter 30.03(4)a. to allow the expansion of
existing structurally nonconforming building without requiring
a complete structural up date of the existing building and to
permit the Building Inspector to make decisions as to specific
items requiring upgrade.
Mr. Dykstra explained that this property is RS3-OLS, waterfront
property. The house is a nonconforming structure, they intend
to remodel in excess of 50% of value. Mr. Dykstra stated he
feels comfortable having the Building Inspector determining
what should be upgraded in the existing structure.
Ms. Pam Boehm, builder stated they intend to install new
plumbing and electrical utilities, repair foundation.
Mr. Erno questioned why they don't tear down the current
structure and start over, it is less costly and it is hard to
update.
Mr. Dykstra stated as long as the Neinow's don't own the lots
on either side of this property, they would be allowed to
rebuild on this lot.
----------------------------------------------------------------
-THE MEETING REMAINED IN OPEN SESSION.
APPEAL 28-93 - Dale and Sharon Wollenzien, W187 S9653 Parker
Drive, Muskego, Wisconsin. Mr. Pionek made the motion to grant
the variance as submitted. The hardship being the ventilation
(unsafe for the horses). Mr. O'Neil seconded. Upon roll call
vote, motion carried.
APPEAL 29-93 -Ray Ingold, S76 W17501 Janesville Road, Muskego,
Wisconsin. Mr. Erno made the motion to grant the variance, the
hardship being the location of the existing dwelling on the
lot. Mr. Pionek seconded. Upon roll call vote, the motion
passed unanimously.
APPEAL 30-93 - Scott Lubeck, S79 W16163 Bay Lane Place,
Muskego,
variance.
need for
Mr. Erno
carried.
Wisconsin. Mr. O'Neil made the motion to grant the
The hardship being the nonconforming lot size, the
storage and the location of the house on the site.
seconded the motion. Upon roll call vote, the motion
APPEAL #31-93 - William and Sharon Nienow, S66 W18515 Jewel
Crest, Muskego, Wisconsin. Mr. Pionek made the motion to grant
BOARD OF APPEALS
NOVEMBER, 1993
Page 4
the three variances requested. The hardship being the
nonconforming existing building.
MISCELLANEOUS BUSINESS:
The Board decided to hold their November/December meeting on
December 2, 1993.
ADJOURNMENT: - There being no further business, Mr. Pionek made
the motion to adjourn. Mr. Erno seconded, motion carried.
Respectfully submitted,
BOARD OF PPEALS
Susan J. S roeder
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 7:30 P.M., Thursday,
October 28, 1993 to consider the following appeals:
APPEAL #28-93 Dale and Sharon Wollenzien
W187 S9653 Parker Drive
Muskego, WI. 53150
REQUESTING 1 Variance:
1) A variance to firewall requirement of
SECTION 30.43(3)(c) which requires a 720
square foot maximum area for a wood frame
garage structure (firewall required over
720 sq ft.)
ZONING: R-1
APPEAL #29-93 Mr. Ray Ingold
S76 W17501 Janesville Road
Muskego, WI 53150
'REQUESTING: 1 Variance:
1) A variance to Section
17:04.6(2)A.1. requirement that a non
conforming structure not be expanded or
enlarged to allow an addition to existing
locational nonconforming structure. (Addition
to be in conforming location).
ZONING: B-3
APPEAL #30-93 Scott Lubecke
S79 W16163 Bay Lane Place
Muskego, WI 53150
REQUESTING: 1 Variance:
1) A 2'10" offset variance from Section
17:8.08.(3) and 17:9.04(3) requirement of 6'8"
to allow attached garage to be constructed
within 3110" of east property line.
ZONING RS3-OLS
APPEAL #31-93 William and Sharon Niewncw
566 W18515 Jewel Crest
Muskego, WI 53150
REQUESTING 3 Variances:
1) Requesting a 1'4" offset variance from
Section 17:8.08(3) and 17:9.94(3)
offset variance from the Chapters requirement
of 5'7" to allow an existing foundation to be
reconstructed within 4'3" of the west property
line.
2) Requesting a variance from 17:04.06(2)A.l.
requirement to allow expansion of existing
non conforming (location) dwelling,
(addition to be in conforming location).
3) Variance from Chapter 30.03(4)a. to allow
the expansion of existing structually non
conforming building without requiring a
complete structural up date of the existing
building and to permit the Building Inspector
to make decision as to specific items
requiring upgrade.
ZONING: RS3 OLS
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
Gerald Fohr, Chairman
Dated this 15th day of October, 1993
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.
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate ands and services. For additional information or to request this service,
contact Jean X. Marenda, City Clerk, at Muskego City Hall, 679-4100.
TXTBOA/NOTICE
,.
CITY OF 1USKEGO
BOARD OF APPEALS
application for Variance
Applicants Name William F now
Subject Property Address: S66 W18515 Jewel Crest Drive
Telephone ! LJ k Lc11 ,3 / lS J
Property Zoning: 01S Key M3KC 2174.071
Petitioner's relationship to property (circle applicable):
t
owner lessee other
Rees: $80.00
Date inspector denied permit:
Requesting variance to section
To allow: Existing structure to remain and to excee the o
limitation fnr im rave
A literal enforcement of
would result in practical
because:
At this time the exis building is not in Hance
w;+h rami!"Arl side setbacks- 'Ihe present setbgrkis
4.31 feet.
the terms of the above -referenced section
difficulty and unnecessary hardship
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 buildin has beenexisting for a number of r and is
not contr
other existin dw 1 in the are
~he variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
We would like to exceed the 50% limitation ncl bring the
im-proved buildi u to co e
page 1 of 2
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