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Zoning Board of Appeals 32-1992City 0 T uj�e yo July 27, 1992 Mr. Gerald Fohr W175 S7115 Lake Drive Muskego, WI 53150 Dear Mr. Fohr: BUILDING INSPECTION DEPARTMENT W182 S8200 RACINE AVENUE • SCX 903 • MUSYEGO, WI 531 50-0903 • (414) 679-41 10 The Board of Appeals wishes to advise you that your appeal requesting a 68 square foot size variance to construct a detached garage has been granted. Your appeal was further amended to include a variance from the firewall requirement. Please stop at the Building Inspection Department and discuss your permit with Mr. Dykstra. Sincerely, BOARD OF APPEALS J111 Blenski Recording Secretary Jmb cc: Chairman Gerald Fohr (_ilY o/ -7ine Ka�i�anfial. .in11usfrial and Kacreafional �iacilifia� 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, July 23, 1992 to consider the following appeals: Appeal 30-92 Dr. and Mrs. Clement Ziegler W200 510721 East Shore Drive Muskego, WI 53150 Requesting a variance to allow an existing structure that is nonconforming regarding location and size to be repaired and left in nonconforming state. ZONING: RS-2/OLS Appeal 31-92 John Haftarski W193 57198 Richdorf Drive Muskego, WI 53150 Appealing Plan Commission decision to reduce the size of second garage structure from 24 x 32 to 20 x 24. ZONING: RS-2 Appeal 32-92 Gerald Fohr W175 S7115 Lake Drive Muskego, WI 53150 Requesting a 68 square foot size variance to construct a detached garage. ZONING: RS-3/OLS Appeal 33-92 Terrance Yokofich W143 S7004 Belmont Drive Muskego, WI 53150 Requesting a 10 ft. setback variance from Belmont Drive to construct a covered porch across front of home. ZONING: RS-3 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. Board of Appeals City of Muskego Gerald Fohr, Chairman Dated this loth day of July, 1992 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JULY 23, 1992. Vice Chairman Terry O'Neil called the meeting to order at 7:30 P.M. PRESENT: Vice Chairman Terry O'Neil, Lloyd Erno, Donald Pionek, Robert Vitt, and Chuck Dykstra, Sr. ABSENT: Thomas Berken, Darryl Rowinski, and Gerald Fohr. Mr. Gerald Fohr was present in the audience. Due to the fact that he had an appeal to be heard by the Board, he did not attend the meeting in an official capacity. MINUTES: Mr. Erno made a motion to approve the minutes of the June 25, 1992 meeting, and Mr. Pionek seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 30-92 - Dr. and Mrs. Clement Ziegler, W200 S10721 East Shore Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal for Dr. and Mrs. Ziegler requesting a variance to allow an existing structure that is nonconforming regarding location and size to be repaired and left in nonconforming location and size. Zoning: RS-2/OLS. Mr. Dykstra explained the status of the Ziegler property. It is presently legal, nonconforming as to the location and size of the dwelling. The structure was built prior to the zoning ordinance being adopted. A fire has damaged the home. Since more than 50% of the equalized value will be used to reconstruct the dwelling, it would have to conform to the present zoning. The location would have to be changed. Square footage would have to be added to the dwelling. The Zieglers are seeking the variance to allow the structure to be reconstructed in its present location and size. Attorney Double, representing the Ziegler family, appeared before the Board. He stated that Dr. and Mrs. Ziegler are distraught over the loss they have suffered. The home, used as a summer cottage, has been in the family for many years. The property holds great sentimental value to the entire family. The fire was caused by arson. Dr. and Mrs. Ziegler confirmed what Mr. Double had told the Board members. Attorney Double stated that the Zieglers agree to sign an affidavit indicating the seasonal use of the property. Several residents from the area appeared before the Board. Mr. Robert Banner had a question regarding the electrical codes. Mr. Dykstra stated that inspections would be made to determine what needed to be brought up to code. Mr. Banner does not object. Mr. George Rice believes this type of case is why the Board of Appeals was created. Mary Steckel stated that if the location were to be moved, many trees would be lost on the property. Other people that spoke in favor of the Board granting the appeal were Mr. Steckel, Rosemary Malanczuk, and Mark Ziegler. APPEAL 31-92 - John Haftarski, W193 S7198 Richdorf Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal. Mr. Minutes of Board of Appeals July 23, 1992 Meeting Page 2 Dykstra stated that the Board of Appeals had previously granted Mr. Haftarski offset variances, as well as a variance from the requirement of a firewall for the construction of a 24' x 32' second garage structure. Approval of the Plan Commission was required. The Plan Commission was concerned about the specified amount of open space required for that zoning district. Mr. Haftarski wanted approval of a 24' x 32' second garage structure. The Plan Commission approved a 20' x 24' size structure. Mr. and Mrs. Haftarski appeared before the Board. They presently have a 14' x 16' storage shed that will be removed. They had appeared before the Plan Commission for approval of the 24' x 32' second garage structure. They still desire to have this size structure. They need the storage space. The resolution (#P.C. 138-92) approved by Plan Commission granted them a 20' x 24' structure. The way the resolution was written and adopted was not fully understood by Mr. and Mrs. Haftarski. Mr. Kirch appeared before the Board as a representative of the Plan Commission. He explained the open space that is required for this particular zoning district. It was his recommendation to approve the smaller size structure, and he wrote the resolution accordingly. The Plan Commission desires second garage structures to conform to the appearance of the neighborhood. Mr. Kirch stated that he would recommend that the open space of a lot be considered when determining the allowable size of accessory structures. After discussion of the open space requirements, it was determined that Mr. and Mrs. Haftarski would have more than the required amount of open space with the larger size structure. APPEAL 32-92 - Gerald Fohr, W175 S7115 Lake Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 68 square foot size variance to construct a detached garage. Zoning: RS-3/OLS. Mr. Dykstra explained the need for the variance. The size allowed for a detached garage cannot exceed 60% of the square footage of the first floor pf the dwelling. Mr. Fohr appeared before the Board. He had originally requested a 20' x 30' garage. After some consideration, Mr. Fohr determined that he would like a larger size structure. He is proposing to construct a 22' x 36' garage. Mr. Dykstra stated that a variance for the requirement of a firewall would also be needed since the garage would exceed 720 square feet. Mr. Fohr explained to the Board that he does not have a garage at the present time. He desires to construct the garage for storage purposes. He requested that his submittal be amended to include the variance not to construct a firewall. APPEAL 33-92 - Terrance Yokofich, W143 S7004 Belmont Drive, Muskego, Wisconsin. Vice Chairman O'Neil read the appeal requesting a 10 foot setback variance from Belmont Drive to construct a covered porch. Zoning: RS-3. Mr. Dykstra explained the variance request. Mr. Yokofich appeared before the Board. He is remodeling his home and would like to add a country style porch on the front. He needs to know the location of the porch before he can reside the dwelling. It will not be enclosed. Mr. Fohr reported to the members that he received a call from one of Mr. Minutes of Board of Appeals July 23, 1992 Meeting Page 3 Yokofich's neighbors, Mr. Konkel. Mr. Konkel did not object to the variance being granted. CLOSED SESSION: Mr. O'Neil made a motion to convene into closed session pursuant to Section 19.85 (1)(a) of the State Statutes. Mr. Erno seconded. Upon a voice vote, the motion to convene into closed session passed unanimously. The Board of Appeals reconvened into open session at 9:15 P.M. APPEAL 30-92 - Dr. and Mrs. Clement Ziegler, W200 510721 East Shore Drive, Muskego, Wisconsin. Mr. Erno made a motion to grant the variance as submitted. The hardship being the fire was caused by arson. Mr. Pionek seconded. Upon a roll call vote, the motion to grant the variance allowing the existing structure that is nonconforming regarding location and size to be repaired and remain in nonconforming state regarding location and size passed unanimously. APPEAL 31-92 - John Haftarski, W193 S7198 Richdorf Drive, Muskego, Wisconsin. Mr. Vitt moved to grant the appeal as submitted. The hardship being the need for additional storage space. Mr. Erno seconded. Upon a roll call vote, the motion to grant the appeal appealing the Plan Commission approval of a 20' x 24' second garage structure passed unanimously. The appellants are to be informed that a building permit is required. APPEAL 32-92 - Gerald Fohr, W175 S7115 Lake Drive, Muskego, Wisconsin. Mr. Vitt moved to grant the variance as amended. (Variance not to require firewall within structure over 720 square feet as previously discussed added to variance request.) The hardship being need for storage space and,the fact that the appellant does not have an existing garage. Mr. O'Neil seconded. Upon a roll call vote, the motion to grant the variance as amended passed unanimously. APPEAL 33-92 - Terrance Yokofich, W143 57004 Belmont Drive, Muskego, Wisconsin. Mr. Pionek moved to grant the variance as submitted. The hardship being the present location of the dwelling the porch is to be added to. Mr. Vitt seconded. Upon a roll call vote, the motion to grant the 10' setback variance from Belmont Drive passed unanimously. Minutes of Board of Appeals July 23, 1992 Meeting Page 4 ADJOURNMENT There being no further business, Mr. Vitt made a motion to adjourn and Mr. Erno seconded. Upon a voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 9:25 P.M. Respectfully submitted, 7) Jill Blenski Recording Secretary jmb Y-7 fc- To 'ca! We have no objection to Gerald Fohr W175 S7115 Lake Drive Muskego, Wis. Building a 22X36 ft. garage on his property. / !jI its o /�u3he�o June 25, 1992 Gerald Fohr W175 S7115 Lake Dr. Muskego, WI 53150 Dear Gerald: BUILDING INSPECTION DEPARTMENT W182 S82,20 RACINE AVENUE • BOX 903 • MUSKEGO, WI 53 i SO-0903 • (414) 679-41 10 On June 10, 1992 a permit was issued for a 20x30 garage to be located at W175 S7115 Lake Dr. at the time of issuance you stated that you would bring in detailed plans in a few days. On June 24, 1992 you dropped plans off with Jill at the counter, the following day I looked these plans over and discovered some problems with the plans as submitted. The first problem I noticed was that the size of the garage had been changed from 20x30 to 22x36 this changes the square footage from 600 sq. ft. to 792 sq. ft. The limit on the size of a wood frame garage is 720 sq. ft., a B.O.A. variance would be required to exceed 720 sq.ft. per W.U.B.C. #30.43(3)(c). Further, the drawing you submitted of your home shows two offsets which are not dimensioned, this prohibits me from accurately calculating the square footage of your home. The square footage of your home on the ground floor is required so that we can verify compliance with chapter 17 section 4.05(2)c.4 which limits detached garages square footage to 60% of the floor area of principle building on the lot. Therefore, by this letter you are required to provide additional information to verify actual square footage of your home's ground floor so that we can determine allowable square footage of your detached garage. With that information we can then determine whether the 720 square footage limitation will be a factor. Until which time as we receive this additional information your permit will be limited to the size garage it was originally issued for which was 20x30. If you have any questions please call. very truly, i CHUCK DYKSTRA, SR. Director CD: lam City 0 1 �7ine keiidenfial. 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