Zoning Board of Appeals 32-1994C � afY1111JI.It-T,
October 28, 1994
Mr. Chris Varsos
W187 59222 Racine Avenue
Muskego, WI 53150
RE: W187 S9222 Racine Avenue
Dear Mr. Varsos:
The Board of Appeals wishes to advise you that your request for
a variance to construct a second garage on your property has
been granted per your request with the condition that the shed
be removed prior to construction of this building. Approval
from the Plan Commission is required prior to applying for
building permits.
Sincerely,
BOARD OF APPEALS
Susan J. Schroeder
Recording Secretary
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CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON OCTOBER 27, 1994.
PRESENT: Mr. Dan Schepp, Mr. Dave Warhanek, Mr. Henry
Schneiker, Mr. Gerald Fohr and Mr. Chuck Dykstra.
EXCUSED ABSENT: Chairman Donald Pionek, Mr. Terry O'Neil and
Mr. Darryl Rowinski.
Mr. Henry Schneiker made the motion to appoint Mr. Gerald Fohr
as Acting Chairman in the absents of both Mr. Pionek and Mr.
O'Neil. Mr. Henry Schneiker seconded, upon voice vote, the
motion passed unanimously.
MINUTES: Mr. Dan Schepp made the motion to approve the minutes
of September 22, 1994, meeting as submitted. Mr. Henry
Schneiker seconded, upon voice vote, the motion to adopt the
minutes passed unanimously.
APPEAL #28-94 -- Joel and Odilia Small, W180 S7953 Pioneer Drive,
Muskego, Wisconsin. Acting Chairman Fohr read the appeals for
Mr. and Mrs. Small. 1) Requesting a 1213" variance from Sections
17:8.07(3) and 17:5.02(3)A.1. which require a 14' offset from
the north lot line. To allow the construction of an addition to
an existing garage within 1'9" of the north lot line. 2)
Requesting a variance from Section 17:4.06(2)A.1. requirement
that a nonconforming structure not be expanded. To allow the
existing nonconforming (locational) garage structure to be
expanded.
Chuck Dykstra explained the RS2 zoning to the board.
Mr. Dan Schepp administered a testimonial oath to Mr. Joel
Small. Mr. Small explained that the pool and pool deck have
been removed since this survey was made. There is a dog kennel
presently on the lot that is not reflected on the survey. Mr.
Small presented a letter from his neighbor whose lot is closest
to the garage, stating he has no problem with the structure
being expanded. The addition would be no closer to the lot line
than the existing garage. Mr. Small stated he would remove the
sidewalk that is currently on both lots and move the dog kennel
away from the lot line. Chuck Dykstra stated the dog kennel
needs to be 14 feet from the lot line. Mr. Small stated this is
a home without a basement.
APPEAL #29-94 - Paul and Graciela Pawlak, W195 S7774 Ancient
Oaks Drive, Muskego, Wisconsin. Acting Chairman Gerald Fohr read
the appeal for Mr. and Mrs. Pawlak. 1) Requesting a 914"
variance from Section 17:8.08(3), requirement of 15' to allow
the construction of a new deck within 5'8" of the southeast
property line.
BOARD OF APPEALS, OCTOBER 27, 1994
PAGE 2
Mr. Chuck Dykstra explained the RS3 zoning. Mr. Dykstra also
stated that the architectural approval committee has approved
the deck and its location.
Mr. Dan Schepp administered the testimonial oath to Mrs. Grace
Pawlak. Mrs. Pawlak stated they only have 6' of yard, the back
yard has a 10' drop within ten feet of their backdoor. Mrs.
Pawlak presented the Board with a letter from both of her
neighbors on each side granting their approval of the addition
of a deck to the rear of the property.
APPEAL #30-94 - Ms. Mary Elizabeth Ziegler, W200 510721 East
Shore Drive, Muskego, Wisconsin. Acting Chairman Gerald Fohr
read the appeal for Ms. Ziegler. 1) Requesting a 253 square foot
area variance from Section 17:4.05(2)C.4. requirements, which
limits total detached outbuildings to 60% of foot print of the
principle structure on lot (792 square feet). To allow the
construction of a second garage structure bringing total
detached outbuildings to 968 square feet (new building 308
square feet/existing garage 534 square feet). *Note: Plan
Commission approval required.
Mr. Chuck Dykstra explained the RS2-OLS zoning. Mr. Dykstra
also stated the appeal was written and advertised with the
information given from the registered surveyor, unfortunately,
this information did not contain a wash kitchen that has
plumbing and a water heater.
Mr. Dan Schepp administered a testimonial oath to the people in
the audience that wished to talk on this subject.
Mrs. Ziegler requests a garage be built 65' from the house
instead of 1901, which is where the boat house is. This boat
house is not a garage, it is housing six boats. Mrs. Ziegler
stated her doctor has written a letter requesting because of
poor health that the garage be allowed to be built at a closer
location. Mr. Dave Warhanek asked why was not the garage
attached to the new home that was just built? Attorney Dick
Double stated the reasons that was not done were size of the
lot, the location of the community well on the property and the
buried tank. Mr. Double stated removal is costly and new is
prohibitive.
Mr. Robert Banner stated the appeal notice was confusing because
of the misinformation. Mr. Banner is opposed to granting the
appeal, he feels this would affect the marketability of his
property in a negative way.
Mrs. Mary Steckel stated she is not opposed to the garage being
built, but she also feels the wash kitchen and some other things
could come down before a new structure is built. Mrs. Stecket
informed the Board that part of the water tower is also on her
property.
BOARD OF APPEALS, OCTOBER 27, 1994
PAGE 3
Mr. Dykstra stated the Plan Commission will have to deal with
the outhouse on the property. He also stated the garage could
be located on other areas of the property and if it was within
ten feet of the house, it would be required to have a firewall.
Mrs. Rosemary Malanczuk stated she is not opposed to Mrs.
Ziegler having a new garage, however, Mrs. Malanczuk feels the
old garage, the wash kitchen and outhouse should come down
first.
Mrs. Kathleen Kaye is concerned about Mrs. Ziegler walking to
the edge of her property in winter to get to her car.
Mr. Double reminded the Board of the variance granted in 1992,
after the fire that destroyed the home, Mr. Double also showed
pictures of the area. Mr. Double stated the hardship is the
arson, Mrs. Ziegler's health and the sorrow felt. The garage
will enhance the value of her property and the surrounding
properties.
Mr. Banner stated the variance is the issued, not the well, nor
the landscaping. Mr. Banner requests that the Board of Appeals
denies the request for a variance.
APPEAL #31-94 - Gerald and Yvonne Kreuzer, W189 57512 Oak Court,
Muskego, Wisconsin. Acting Chairman Gerald Fohr read the appeal
for Mr. and Mrs. Kreuzer. 1) Requesting a 3316" setback variance
from Section 17:9.04(7)E. requirement of 501. To allow
construction of a new deck within 1616" of the ordinary high
water mark at west side of property, with lesser amounts of
variance required at north west and east sides of deck. 2)
Requesting a variance from Section 17:4.06(2)A.1. requirement
that a nonconforming structure not be expanded. To allow the
expansion of an existing nonconforming structure, through the
construction of a new deck.
Mr. Chuck Dykstra explained the RS3-OLS zoning.
Mr. Dan Schepp swore in Mr. and Mrs. Kreuzer. Mr. Kreuzer
presented the Board with a letter from all three of his
neighbors. Mr. Kreuzer explained the north side of his property
has a steep hill and the home has multiple levels. Without a
deck out front they would not be able to use this area.
APPEAL #32-94 - Chris Varsos, W187 59222 Racine Avenue, Muskego,
Wisconsin. Acting Chairman Gerald Fohr read the appeal for Mr.
Varsos. 1) Requesting a 275 square foot variance from Section
17:8.02(7)B.1. and 17:8.01(7)B.2., requirement of 1% of lot
area, total allowable square footage for all outbuildings on lot
(1,333 square feet). To allow a total of 1608 square feet (2
buildings) in outbuildings on a lot. *Note: Second garage
approval required by Plan Commission.
Mr. Dykstra explained the R1 zoning.
BOARD OF APPEALS, OCTOBER 27, 1994
PAGE 4
Mr. Dan Schepp administered a testimonial oath to Mr. and Mrs.
Varsos. Mr. Varsos informed the Board that security is a
problem. The driveway is shared with three residences and
someone is always coming and going, working multiple shifts.
Mr. Varsos stated this will not be used for commercial purposes,
currently he has a two car garage and his company car has to be
housed in this garage. Mr. Varsos provided a copy of a police
report for the members to read. A letter signed by five of his
neighbors approving the new structure was produced. Also, Mr.
Varsos stated he will be removing the 10' by 10' shed.
The Board of Appeals recessed for ten minutes.
DELIBERATION OF APPEALS
APPEAL #28-94 - Joel and Odilia Small, W180 S7953 Pioneer Drive,
Muskego, Wisconsin. Mr. Dan Schepp made the motion to approve
the appeal as submitted with the conditions that the dog kennel
be moved within the offsets and the concrete sidewalk that is on
the lot line be removed. The hardship is the existing location
of this dwelling. Mr. Dave Warhanek seconded the motion. Upon
roll call vote, the motion carried unanimously.
APPEAL #29-94 - Paul and Graciela Pawlak W195 S7774 Ancient Oaks
Drive, Muskego, Wisconsin. Mr. Dan Schepp made the motion to
approve the appeal as submitted. Hardship is the topography of
the rear lot and odd shape of this lot. Also into consideration
was the fact this deck was approved by the subdivision
architectural committee. Mr. Henry Schneiker seconded the
motion. Upon roll call vote, the motion carried unanimously.
APPEAL #30-94 - Ms. Mary Elizabeth Ziegler, W200 S10721 East
Shore Drive, Muskego, Wisconsin. Mr. Jerry Fohr made the motion
to approve the appeal as submitted and include the elimination
of the outhouse and the removal of any other outbuildings on the
property other than the boathouse. Hardship being the lack of
storage for automobiles and garden equipment. Mr. Dave Warhanek
seconded motion. Upon roll call vote motion failed three to
one. Mr. Schepp asked for more discussion regarding this
matter. After a lengthy discussion, Mr. Gerald Fohr made the
motion to approve the appeal as submitted and include the
elimination of the outhouse and the removal of any other
outbuilding on the property other than the boathouse. Hardship
being the lack of storage for automobiles and garden equipment.
Mr. Dave Warhanek seconded the motion. Upon roll call vote,
motion carried unanimously.
APPEAL #31-94 - Gerald and Yvonne Kreuzer, W189 S7512 Oak Court,
Muskego, Wisconsin. Mr. Dave Warhanek made the motion to
approve the variance as submitted. Hardship being unable to use
the front of the house and unusual configuration of the lot.
Mr. Dan Schepp seconded the motion. Upon roll call vote, motion
carried unanimously.
BOARD OF APPEALS, OCTOBER 27, 1994
PAGE 5
APPEAL #32.-94 - Chris Varsos, W187 S9222 Racine Avenue, Muskego,
Wisconsin. Mr. Dave Warhanek made the motion to approve the
variance as submitted with the condition the shed be removed.
Upon roll call vote, motion carried unanimously.
NEW BUSINESS
The November meeting will be canceled and rescheduled for a
combination meeting for November/December on December 8th.
ADJOURN
Mr. Henry Schneiker made the motion to adjourn, Mr. Dan Schepp
seconded, motion carried.
Respectfully submitted,
BOARD OF APPEALS
Susan J. Sc roeder
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
DATE OCTOBER 27 1994 APPEAL # 32-94
NAME CHRIS VARSOS
ADDRESS W187 S9222 RACINE AVENUE
TELEPHONE 679-3365
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W187 S9222 RACINE AVENUE
TYPE OF ZONING R1
1) Requesting a 275 square foot variance from Section
17:8.02(7)B.1. and 17:8.01(7)B.2., requirement of 1% of lot
area, total allowable square footage for all outbuildings on lot
(1,333 square feet). To allow a total of 1608 square feet (2
buildings) in outbuildings on a lot. *Note: Second garage
approval required by Plan Commission.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 9/12/94 RECEIPT NUMBER 114860
DECISION OF THE BOARD OF APPEALS
APPROVED DENIED
CHAIRMAN PIONEK
VTC'F.-CHAIRMAN O'NEIL
MEMBER FOHR
MEMBER WARH
MEMBER SCHE
FIRST ALTER
SECOND ALTERNATE ROWINSKI
Secretary ice ----
Date t� Z1