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ZBA-Minutes 32-1991October 25, 1991 Mr. Clem LaChapelle S68 W19236 Lembezeder Drive Muskego, WI 53150 Dear Mr. LaChapelle: The Board of Appeals wishes to advise you that your request for a 5' height variance for a second garage structure already approved by the Plan Commission has been approved. Thank you. Sincerely, BOARD OF APPEALS Jill Blenski Recording Secretary Jmb cc: Chairman Gerald Fohr Lty of^ -7ine Kesidential .induilria! and Kacreafiona �acitifie3 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON OCTOBER 24, 1991. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Fohr, Lloyd Erno, Thomas Berken, Donald Pionek, Darryl Rowinski and Chuck Dykstra. ABSENT: Vice -Chairman Terry O'Neil and Bonnie Posbrig. Prior to the meeting, Mrs. Posbrig submitted a letter to Mayor Wayne Salentine stating her resignation from the Board of Appeals. A copy of said letter was fowarded to all board members. MINUTES: Mr. Rowinski made a motion to approve the minutes of the September 26, 1991 meeting and Mr. Berken seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 32-91 - Clem LaChapelle, S68 W19236 Lembezeder Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. LaChapelle requesting a 5' height variance for a second garage structure. Zoning: RS-2. Mr. LaChapelle appeared before the board. He is requesting the variance so he can build a second garage structure 20 feet in height for the storage of a boat. There is another structure that is similar in size in his neighborhood. Mr. Dykstra stated to the board that Mr. LaChapelle did receive Plan Commission approval for the second garage structure for the purpose of boat storage. However, the maximum height allowed is 15'. When the building permit for the garage was issued to Mr. LaChapelle, the height was not discussed. Mr. Dykstra discovered that the proposed height would exceed the 15' maximum when contacted by the contractor working on the project. Upon the request of Mr. Dykstra, Mr. LaChapelle did discontinue work on the structure until the matter could be resolved. He was informed that he could apply for a variance to be granted by the Board of Appeals and has been very cooperative. APPEAL 33-91 - Haji Souri, W186 56421 Topaz Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Souri requesting a 6' 6" offset variance. Zoning: RS-2. Mr. Dykstra stated to the board that Mr. Souri wishes to remove the existing, attached garage and replace it with a larger one that will be moved back and be built even with the house. His Iot does not currently conform to the RS-2 zoning offsets. Upon the removal of the existing garage, the new garage would have to conform to the offsets, but those offsets (20' and 15') are allowed to be reduced by the percentage of nonconformance. The board members were concerned about what was to the north of Mr. Souri's property. Mr. Souri stated that there was a lot to the north of him with no access from Topaz Drive. He would like to replace and increase the garage size for various reasons: 1.) the garage needs repair and replacing it would improve his property; 2.) his house is small, and he would like the additional garage space; 3.) there is Minutes of Board of Appeals October 24, 1991 Meeting Page 3 variances requested. The board asked Mr. Verburgt what the hardships were to allow the granting of the variances. He stated that a 6' x 8' sign would be provided by one of their companies. Mr. Rowinski stated that financial hardship cannot be used as a consideration. Mr. Verburgt also stated that it was their intention to have the sign attract walk-in business. Mrs. Mecha disagreed with that. She stated insurance companies receive very little walk-in business and the parking lot would not be large enough. Mr. Hammond believes once this variance is granted more are likely to follow. He presented the board with a copy of a signed petition and a letter circulated to neighborhood residents. Mr. Verburgt stated he spoke with some of the neighbors and some did not oppose the proposed sign and its location. Mr. Maranowicz stated no one spoke to him. Mr. Dykstra brought up the issue of the setback. Most of the concerns addressed the size and height of the sign. Mr. Dykstra asked if everyone understood the request for the setback variance and felt comfortable with it. Several residents voiced concern that the sign, if located too close to the road, would be a visual obstruction that could create traffic problems. Chairman Fohr called a short recess. The Board remained in Open Session. APPEAL 32-91 - Clem LaChapelle, S68 W19236 Lembezeder Drive. Since the structure will be set lower than the house and is on a one acre parcel, Chairman Fohr moved to grant the variance as submitted. Mr. Rowinski seconded. The hardship being the size of the structure itself and the need for the high roof for boat storage. Upon a roll call vote, the motion to grant the 5' height variance passed unanimously. APPEAL 33-91 - Haji A. Souri, W186 56421 Topaz Drive Mr. Erno made a Berken seconded. the lot. Upon a offset variance motion to approve the variance as submitted. Mr. The hardship being the location of the house on roll call vote, the motion to grant the 6' 6" from the north lot line was passed unanimously. APPEAL 34-91 - James Haag, S76 W17603 Janesville Road. Mr. Rowinski made a motion to approve the variance as submitted. Mr. Pionek seconded. The hardship being that the building was constructed in consistency with other buildings in the area. Upon a roll call vote, the motion to grant the 18' setback variance passed unanimously. APPEAL 35-91 - Michael Plumley, d/b/a P & L Insurance Agencies, S76 W18180 Janesville Road. The board discussed this appeal. Based on sign information presented by Mr. Verburgt, the members believed that P & L was not limited to a 6' x 8' sign. There were other sizes available that would work with the allowable square footage of 39 square feet. Mr. Rowinski made a motion to grant the 20' setback variance with the following conditions: 1.) that the sign be no higher than 14'; 2.) that the 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 58200 Racine Avenue, at 7:30 P.M., Thursday, October 24, 1991 to consider the following appeals: Appeal 32-91 CLEM LA CHAPELLE S68 W19236 Lembezeder Drive Muskego, WI 53150 Requesting a 5' height variance for a second garage structure. ZONING: RS-2 Appeal 33-91 HAJI A. SOURI W186 56421 Topaz Drive Muskego, WI 53150 Requesting a 6' 6" offset variance from north lot line. ZONING: RS-2 Appeal 34-91 JAMES HAAG S76 W17603 Janesville Road Muskego, WI 53150 Requesting an 18' setback variance from base setback line and 1 square foot size variance for a sign. ZONING: B-3 Appeal 35-91 MICHAEL PLUMLEY d/b/a P & L INSURANCE AGENCIES S76 W18180 Janesville Road, Muskego, WI 53150 Requesting a 20' setback variance from base setback line and 9 square foot size variance for a sign. ZONING: RS-3 with Automatic Conditional Use Grant NOTICE OF CLOSED SESSION: PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego will 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. -'CX .c; October 8, 1991 Mr. Clem LaChapelle S68 W19236 Lembezeder Drive Muskego, WI 53150 Dear Mr. LaChapelle: On May 15, 1991 a building permit was issued for a 30' x 35' building classified as a second garage structure to be used for the storage of a boat. A Plan Commission meeting November 6, 1990 gave approval for this second garage structure. On September 20, 1991 a contractor came in to discuss this building. In the course of reviewing the information on this garage with the contractor, it was discovered that it was intended to be 20' high. The height was not given on the building permit application, and in the course of reviewing the plans in May, I had not noticed the 20' height. The RS-2 zoning on your property allows for a maximum height for an accessory building to be 151. Therefore, due to the fact that the walls and the roof on the structure have not been constructed yet, you were notified of the need to apply for a 5' height variance for this building. On September 23, 1991 you came to the Building Department and made application for a variance. The Board of Appeals hearing will be on the 24th of October. At the time you applied for the variance, you asked if the walls could be constructed prior to receiving the variance. I recommended against that procedure but did mention that you could proceed with the walls at your own risk. This correspondence is being sent to you to clarify these matters. I appreciate your cooperation in this matter and look forward to seeing you on the 24th of October at the Board of Appeals hearing. Very t ul�j ours, CHUCK DYKSTRA, SR. Director CD:jmb cc: Mayor Wayne Salentine C iftf o/ 5ine Kejidenfiaf. Jndus[ria[ anal kecreafiona! Jac•'iifia� RESOLUTION #P.C. 194-90 APPROVAL OF 30' % 35' SECOND GARAGE STRUCTURE S68 W19236 LEMBEZEDER DRIVE-CLEM LA CHAPELLE WHEREAS, It is proposed to construct a 30' x 35' second garage structure for Clem La Chapelle at S68 W19236 Lembezeder Drive, and WHEREAS, The offsets and setbacks will be adhered to in this RS-2 zoning. THEREFORE BE IT RESOLVED, That the Plan Commission approve the 30' x 35' second garage structure for Clem La Chapelle at S68 W19236 Lembezeder Drive. Plan Commission City of Muskego Adopted �r Defeated Deferred cds 10/30/90 US a �oEE, J Q 20& 71' (:f3 c"��� N J 8.71 V p � a �I0 ii WWoo_ 'C51• 7 1 DATE 1 %!� PERMIT NO. CITY OF MUSKEGO• 679-4110 APPLICATION FOR BUILDING PERMIT & ZONING USE PERMIT The undersigned hereby applies for a permit to do work according to the following description and the specifications submitted herewith. The undersigned agrees that such work will be done as described, and that it will comply with all applicable statutes. of the State of Wisconsin and Ordinances of the City of Muskego. 1,4 OWNER iF !h 4Ot'/It- OWNER'S AGENT ADDRESS A) AGENT'S ADDRESS LOCATION: LOT BLOCK SUBDIVISION JOB ADDRESS --> 6.Y V14 ;1.3 ` LIST CONTRACTORS: HEATING GENERAL x ELECTRIC CONCRETE x PLASTER OR DRY WALL MASON PLUMBING CARPENTRY OTHERS TYPE OF PERMIT: Residence X Business Industrial Public NEW CONSTRUCTION X ADDITION REMODELING MOVING RAZING OCCUPANCY ACCESSORY BUILDINGS: Garage Tool Shad _ Od w ,/ r, AT . 5- Z 4 g HEATING: Type BTU FUEL AIR-CONDITIONING SIZE -2 TYPE OF CONSTRUCTION �/ij'tz- -- ESTIMATED COST A-fi, �/6 G� . PERMIT FEE APPROVED BY: �' r��� / ' �-� SIGNED: Building InNwtor Own*r, Archlt . Contractor DATE: S-- IS • S PHONE:y�- $30.00 Minimum Permit Fee - 1 1 r ' v r I LOT LINE