Zoning Board of Appeals 32-1995Page 2 Board of Appeals, September 28, 1995
refers to the _W_isconsin Uniform Building Code, Chapter IV, Design,
Section 30.15(3) Ceiling Heights (a) and (c). Said sections
requires ceiling heights of all habitable rooms to be a minimum of
seven (7) feet six (6) inches. The petitioner is requesting a
height variance of one (1) foot to permit a recreation room with a
six (6) foot six (6) inch ceiling height.
Mr. Trejo described the zoning as an RS-3/OED, 15,000 square foot
Suburban Residence in and Existing Development.
Ms. Howe was not available to present this case. Mr. Kerr made
the motion to deny the variance as requested due to lack of
sufficient information to make valid decision. There was no
second. Mr. Kerr recinded his motion.
Mr. Kerr made a motion to defer Appeal #31-95. Mr. Brandt
seconded. Roll call vote: Pionek, Schneiker, O'Neil, Kerr, and
Brandt; Yes. Mr. Schepp; No. Motion carried.
Mr. O'Neil excused himself from the meeting to present the
following appeal.
Appeal # 32-95 Terrence P. O'Neil, W183 S6532 Jewel Crest
Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr.
O'Neil. Petitioner seeks relief from Chapter 17--Zoning
Ordinance, Sections 5.02 (1), (2), and (3) Building Location:
Location Restricted, Setback, and Offset and 5.07(1) Open Space:
Minimum Required. Said sections restrict the setback of any
structure to 25 feet, offsets to five (5) and 7.5 feet, and open
space equal to 10,106 square feet. The petitioner request a 19
foot setback variance and a 2.25 offset variance to build a garage
addition six (6') from the front property line and 2.75 feet from
the south property line, with 35% of the total lot area built.
Mr. Trejo described the zoning as RS-3/OLS, 15,000 square foot
Suburban Residence in a Lake Shore District
Mr. Schneiker administered an oath to Mr. Terrence P. O'Neil, Mr.
Dean Lubecke, W189 S18902 Tans Road, owner of W183 S6526 Jewel
Crest and Mr. Tim Thiel, owner of S183 W6540 Jewel Crest and Mr.
O'Neil.
Mr. O'Neil explained the necessity of an offset variance is to
permit an exit door on the backside of the garage in case of a
fire, stating more than one door would be safer. Mr. O'Neil
stated his request for a 40 foot garage was to enable him to store
his boat, trailer and motor inside his garage, as well as three
other vehicles. Mr. O'Neil stated his hardship is the location of
the existing dwelling on this property.
Mr. Trejo corrected the variance requested to read 5,000 square
feet of open space. A lesser request than what was posted.
Mr. Lubecke recently purchased the lot to the north and expressed
his displeasure with Mr. O'Neil's garage, feeling this would block
his view of the traffic coming from the west when exiting his
Page 3 Board of Appeals, September 28, 1995
driveway. Currently, he is unable to see traffic from the
northside of his driveway because of the location of his garage
and this would now blindside the sorthside as well.
Mr. Thiel questioned the Board if granting a variance to Mr.
O'Neil would prohibit lot 53 (the lot to the south) from obtaining
a variance in the future because this is a vacant lot and is
currently up for sale. Mr. Pionek explained each variance stands
alone and would not affect any future requests for a variance on
lot 53.
The Board discussed options of a wider but not a deep garage. Mr.
O'Neil explained this would not be a workable solution on this
lot, because it would require another offset variance along the
northern property line and the angle of the road would Cause a
substantial reduction in the size of the proposed garage requested.
A discussion ensured regarding the lack of safety on the street.
It was suggested the neighbors petition for a stop sign to slow
down the traffic.
Mr. O'Neil resumed his seat on the board.
Appeal #31-95 Ms. Howe appeared to the meeting, stating she was
in the wrong meeting room. Mr. Schepp made a motion to open this
appeal for consideration. Mr. Kerr seconded, upon voice vote,
motion carried. Mr. Schneiker swore her in. Ms. Howe produced a
picture of the basement basement in which the existing height
could be determined. Discussion ensued over the proposed use.
DELIBERATION OF APPEALS
APPEAL #31-95 Mr. Schepp made the motion to grant the appeal
as submitted based on the existing structure. The hardship being
the existing structure being built with a ten course basement,
would not be contrary to the public interest and would be within
the spirit of the ordinance. Mr. Brandt seconded. Upon a roll
call vote, Appeal #31-95 passed unanimously.
Mr. O'Neil excused himself from the deliberation on Appeal #32-95.
APPEAL #32-95 Mr. Schepp made a motion to defer the appeal
until a site visit with the neighbors could be arranged to
determine if the garage would block the view. Mr. Kerr
seconded. Upon a roll call vote, Brandt, Herda, Kerr, Schneiker
and Pionek; Yes. Mr. Schepp voted no. Motion passed. Mr. Trejo
will arrange a site meeting.
MISCELLANEOUS BUSINESS
Mr. O'Neil resumed his seat on the board.
Mr. Trejo prepared a new handout regarding sheds for the Board of
Appeals to review prior to the Plan Department meeting to vote on
Page 3 Board of Appeals, December 7, 1995
APPEAL #38-95 Mr. Brandt made a motion to grant the appeal as
submitted. The hardship being topography of the parcel and the
fact a previous variance had been granted for the existing
nonconforming house and the location of the garage was being
placed further back. Mr. O'Neil seconded. Upon a roll call vote,
Appeal #38-95 passed unanimously.
APPEAL #39-95 Mr. Kerr made a motion to grant the appeal as
submitted. The hardship being grade at site and the need for
storage. The Board feels the height will not obstruct the
neighbors and respects the Plan Commissions' decision that the
architecture character of the garage compliments that of the house
and the surrounding community. Mr. Brandt seconded. Upon a roll
call vote, Mr. Schnieker vote nay, all others voted yes; Appeal
#39-95 passed.
Mr. O'Neil was excused by Chairman Pionek while deliberation of
his appeal was taking place.
Appeal # 32-95 Terrence P. O'Neil, W183 56532 Jewel Crest
Drive, Muskego, Wisconsin. Mr. Schneiker made a motion to grant
the appeal as submitted. The hardship cited was lack of storage,
the pre-existing location of the home, the narrow conditions of
the lake lots, the garage is within the spirit of the code and
within the character of the community and neighborhood, the
valance would not jeopardize the public's general safety and
welfare, and past precedence of approval of similar garages. Mr.
Kerr seconded. Upon a roll call vote, Appeal #32-95 passed
unanimously.
Mr. O'Neil resumed his seat at the board table.
MISCELLANEOUS BUSINESS
Discussion ensued over the amount of the appeals submitted for
1995. Mr. Trejo presented the Board a tally on the total number
of appeals and their type from 1991 to 1995.
Discussion ensued over the proposed meeting with the Plan
Commission and Common Council on December 12, 1995.
Mr. Kerr made a motion to adjourn. Mr. Brandt seconded. Upon a
voice vote, the motion to adjourn passes unanimously. With no
further business to come before the Board, the meeting was
adjourned at 10:15PM.
Respectfully submitted,
Susan J. Sc` eder
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 7:00 F.M., Thursday, September
28, 1995, to consider the following petitions for appeals to the
Zoning Ordinance of the City of Muskego:
Appeal # 31-95 Geraldine A. Howe
W180 S6822 Muskego Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
30--Building Code, which refers to the Wisconsin Uniform
Building Code, Chapter IV, Design, Section 30.15(3)
Ceiling Heights (a) and (c). Said sections requires
ceiling heights of all habitable rooms to be a minimum
of seven (7) feet six (6) inches.
The petitioner is requesting a height variance of one
(1) foot to permit a recreation room with a six (6) foot
six (6) inch ceiling height.
Zoning: RS-3/OED, 15,000 square foot Suburban
Residence in an Existing Development
Appeal # 32-95 Terrence P. O'Neil
W183 S6532 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--ZoningOrdinance, Sections 5.02 (1), (2), and (3)
Building Location: Location Restricted, Setback, and
Offset and 5.07(1) Open Space: Minimum Required. Said
sections restrict the setback of any structure to 25
feet, offsets to five (5) and 7.5 feet, and open space
equal to 10,106 square feet (66.7%).
The petitioner request a 19 foot setback variance and a
2.25 offset variance to build a garage addition six (61)
from the front property line and 2.75 feet from the
south side property line, with 6,569 square feet (65%)
of the total lot area remaining as open space.
Zoning: RS-3/OLS, 15,000 square foot Suburban
Residence in a Lake Shore District
Appeal # 33-95 Steve Haupt
W193 S6885 Hillendale Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Section 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures and Chapter
30--Building Code, Chapter XI, Section 4.43 (3) C
Garages: General Requirements, Area. Said section
restricts the size of a detached garage to 60% of the
BOA 12/07/95
Page 2
OLD BUSINESS
Deliberation of: Appeal # 32-95
Terrence P. O'Neil
W183 56532 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Sections 5.02 (1), (2), and (3)
Building Location: Location Restricted, Setback, and
Offset and 5.07(1) Open Space: Minimum Required.
Said sections restrict the setback of any structure to
25 feet, offsets to 5 feet and open space to 5,000
square feet (66.7% of lot area).
The petitioner requests a 19 foot setback variance and a
2.25 offset variance to build a garage addition 6 feet
from the front property line and 2.75 feet from the
south property line, with 5,116 square feet (62.30) of
the total lot area remaining as open space.
Zoning: RS-3/OLS, 15,000 square foot Suburban
Residence in a Lake Shore District
Discussion over year end appeals
Discussion of up coming meeting with the Plan Commission and
Common Council
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
Donald Pionek, Chairman
Dated this 22nd day of November, 1995
PLEASE NOTE. It is possihle that me=bars 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 aids and services. For additional Information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625,
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON OCTOBER 19, 1995.
Meeting called to order at 6:30 PM.
PRESENT: Chairman Don Pionek, Mr. Dan Schepp, Mr. Edward Herda,
and Mr. Carlos Trejo.
Vice Chairman Henry Schneiker, Mr. Frank Kerr, and Mr. Michael
Brandt were not in attendance. Mr. Terry O'Neil did not
participate with the Board since the matter was over his property.
Chairman Pionek noted that a proper quorum was not in attendance.
DEFERRED BUSINESS
Appeal # 32-95 Terrence P. O'Neil, W183 S6532 Jewel Crest
Drive, Muskego, Wisconsin, deferred from September 28, 1995 to
allow for a meeting to be held at site. Chairman Pionek read the
appeal to Mr. O'Neil and Mr. and Mrs. Richard Foster of W183 S6533
Jewel Crest Drive. Petitioner seeks relief from Chapter
17--zoning Ordinance, Sections 5.02 (1), (2), and (3) Building
Location: Location Restricted, Setback, and Offset and 5.07(1)
Open Space: Minimum Required. Said sections restrict the
setback of any structure to 25 feet, offsets to five (5) and 7.5
feet, and open space equal to 10,106 square feet. The petitioner
request a 19 foot setback variance and a 2.25 offset variance to
build a garage addition six (6) feet from the front property line
and 2.75 feet from the south property line, with 35% of the total
lot area built.
Mr. Trejo described the zoning as RS-3/OLS, 15,000 square foot
Suburban Residence in a Lake Shore District. Mr. Trejo also
informed the Board that the Public Works Department and Police
Department were asked to review the site. The Public Works
Department had no objections to the garage as long as a vehicle
could be parked on the lot without obstructing the street. The
Police Department had no concerns over the garage endangering
public safety. Mr. Trejo also provided the Board with pictures of
other similar garage structures along Jewel Crest Drive that were
within the setback line and street right-of-way.
Mr. O'Neil, addressing concerns from the Public Works Department,
stated that the existing side drive will be kept to allow for the
outdoor parking of a vehicle off the road right-of-way.
Mr. and Mrs. Foster, voiced no objection.
Mr. Lubeck voiced concerns over the safety of parking of his
vehicle.
Chairman Pionek presented a drawing showing the vision angles.
Page 2 Board of Appeals, October 19, 1995
DELIBERATION OF APPEAL
APPEAL #33-95 Mr. Shepp made a motion to adjourn the
deliberation of this appeal until the next regular meeting to be
held on Thursday, October 26, 1995. Mr. Herda seconded. Upon a
roll call vote motion to adjourn carried.
The meeting was adjourned at 7:15 PM.
Respectfully submitted,
rr
Susan J. Schr eder
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 site of appellant
Terrence P. O'Neil, W183 S6532 Jewel Crest Drive, Muskego,
Wisconsin, at 6:30 P.M., Thursday, October 19, 1995, to continue
consideration of the following petition for appeal to the Zoning
Ordinance of the City of Muskego:
Appeal # 32-95 Terrence P. O'Neil
W183 S6532 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance, Sections 5.02 (1), (2), and (3)
Building Location: Location Restricted, Setback, and
Offset and 5.07(1) Open Space: Minimum Required. Said
sections restrict the setback of any structure to 25
feet, offsets to 5 feet and open space to 5,000 square
feet (66.7% of lot area).
The petitioner request a 19 foot setback variance and a
2.25 offset variance to build a garage addition 6 feet
from the front property line and 2.75 feet from the
south property line, with 5,116 square feet (62.3%) of
the total lot area remaining as open space.
Zoning: RS-310LS, 15,000 square foot Suburban
Residence in a Lake Shore District
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
Donald Pionek, Chairman
Dated this 2nd day of October, 1995
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.
BOA 10/19/95
Page 2
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625..
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name - lZ ,c1G.,__ > L] iJ,, ,,<_
Subject Property Address: W If S
Telephone��
Property Zoning�5 101
Key # _ ?i/7 V !!o,
Petitioner's relationship to property (circle applicable):
own lessee other
Fees: $80.00
Date inspector denied permit:
Requesting variance to Section 5-L),7 ri) of" �fuic�
To allow: /¢ ) Tia ,� c�� �¢.77�Tom- �7A {
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
Ek r T
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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 variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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