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Zoning Board of Appeals 33-1994
city December 9, 1994 Godfrey, Braun, & Hayes Attorney Brad Dagen 700 North Water Street Milwaukee, WI 53202-4278 BUILDING INSPECTION DEPARTMENT W182 S8200 RA,:,',_ • BOX 903 • MUSKEGO, WI 53150-0903 • (414, i 1 RE: David & Goliath Builders home at W194 S8646 Providence Way, Muskego, Wisconsin. Dear Attorney Dagen: The Board of Appeals declined action on your appeal at their meeting on December 8, 1994, due to the fact it was not filed in a timely manner. Please be advised you have the option to go to the Planning Department to either have this property rezoned or request a conditional use grant for this property. The Planning Department may be reached by calling 679-4136. Sincerely, BOARD OF APPEALS Susan J. hroeder Recording Secretary I C,ify o/ .}i. Aj d"'u.l Jan,1uJ1riai( and kecreafional Jacilaiey CITY OF MUSKEGO BOARD OF APPEALS DATE DECEMBER 8, 1994 APPEAL # 33-94 NAME DAVID & GOLIATH BUILDERS ADDRESS W194 S8464 PROVIDENCE WAY TELEPHONE 278-8500 (ATTORNEY DAGEN) PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W194 S8464 PROVIDENCE WAY TYPE OF ZONING RS2-OPD 1) Appealing Inspector's decision to deny occupancy permit for the Alioto residence. 80.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID 11/7/94 RECEIPT NUMBER 119904 DECISION OF THE BOARD OF APPEALS APPROVED DENIED CHAIRMAN PIONEK VICE-CHAIRMAN O'NEIL MEMBER FOHR MEMBER WARHANEK MEMBER SCHEPP FIRST ALTERNATE SCHNEIKER SECOND ALTERNATE ROWINSKI Secretary Date The Board of Appeals voted not to hear this an_p_eal due to the untimeliness of the filing. CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON DECEMBER 8, 1994. PRESENT: Chairman Donald Pionek, Mr. Terry O'Neil, Mr. Dan Schepp, Mr. Henry Schneiker, Mr. Jerry Fohr, Mr. Dave Warhanek and Mr. Chuck Dykstra. ABSENT: Mr. Darryl Rowinski MINUTES: Mr. Jerry Fohr made the motion to accept the minutes from the October meeting with a correction adding that Mr. Henry Schneiker seconded the motion in the deliberation for Appeal 32-94. Mr. Dave Warhanek seconded to approve the October minutes, motion carried by voice vote. APPEAL #26-94 - Darlene Martins, S79 W16197 Bay Lane Place, Muskego, Wisconsin. Chairman Pionek read the appeal for Ms. Martins. 1). Requesting a variance from Section 17:4.05(2) A.1. which specifies that a legal nonconforming structure shall not be expanded or enlarged except in conformity with the regulation of the district in which it is located. To allow the addition of a deck to an existing nonconforming structure. 2) Requesting a 217" variance from Sections 17:5.02(3)A.l., 17:8.08(3). and 17:9.04(3) which require a side yard offset of 5'. To allow the construction of a deck within 2'5" of the east lot line. Chairman Pionek reminded the Board that Ms. Martins was requested to supply a new survey from a different source than the one supplied by her neighbor and herself. Ms. Martin has supplied a new survey prepared by Wisconsin Land Surveyor. This survey confirms the information supplied by the neighbor's. Mr. Robert Morency spoke to the Board stating his continued disapproval of this variance being granted. APPEAL # 33-94 - David and Goliath Builders (Alioto Residence), W194 S8464 Providence Way, Muskego, Wisconsin. Chairman Pionek read this appeal. REQUESTING: An appeal of an administrative decision. Mr. Terry O'Neil administered a testimonial oath to Attorney Brad Dagen who is representing David and Goliath Builders, homeowner Bob Alioto, Building Inspectors Don Simon and Dave Bessy and also Building Director Chuck Dykstra. Mr. Dykstra explained to the Board that in his opinion David and Goliath Builders filed too late according to a letter written by the Building Director on September 1, 1994, received certified mail on September 6, 1994. Mr. Dan Schepp made the motion to hear this appeal. Mr. Dave Warhanek seconded the motion. After much discussion Chairman Pionek called for the question. Upon roll call vote, the motion failed. Mr. Schepp and Mr. Warhanek voted in favor of hearing the appeal. Mr. Schneiker abstained. Mr. Pionek, Mr. O'Neil and Mr. Fohr voted against hearing the appeal. Motion failed. The Board will not hear this appeal. APPEAL #34-95 - Michael Oleniczak, W186 S7675 Lincoln Road, Muskego, Wisconsin. Chairman Pionek read the appeals for Mr. Oleniczak. 1) Requesting a 110 square foot variance from Section 17:4.05(2)c.4, which limits the maximum size of a detached accessary building to no more than 60% of the square footage of the floor area of the principal building (495 square feet), to allow the construction of a 605 square foot detached garage. 2) Requesting a 21'4" setback variance from Section 17:5.02(3)b., which prohibits the placement of a garage closer than 20' to the base setback line, to allow the construction of a new garage encroaching 1'4" into the Lincoln Road right-of-way. 3)5'6" variance from Section 17:8.08(3) and 17:9.04(3) which require a sideyard offset of 6' to allow the construction of a new garage within 6" of south lot line. Mr. Terry O'Neil administered an oath to Michael and Ralph Oleniczak. Mr. Chuck Dykstra informed the board that there is an existing garage which is a nonconforming structure and over the 60% rule. Mr. Michael Oleniczak stated he recently purchased this property and has a problem with the grade of this garage being below street level, due to water running in off the street, the garage door does not open. Mr. Oleniczak wishes to change the grade replace the existing structure in the same location. The foundation of this garage has been undermined by the road being raised. The new garage will have footing. APPEAL #35-94 - Mr. James Woznicki, Jr., W141 S8042 Durham Drive, Muskego, WI requesting one variance. Chairman Pionek read the request. 1) Requesting a 554 square foot area variance from Section 17:9.03(4), requirement of 1400 square foot, to allow a 846 square foot home to be remodeled over 50% of its value without increasing floor area to minimum size. Mr. Terry O'Neil administered a testimonial oath to both Mr. Woznicki and his contractor Mr. Ron D'Angelo. This home was purchased in a private transaction and done so without a code compliance. Mr. Woznicki intended this to be a fix up project. There are footings under this home, however, the walls are bowed due to the weight of the trusses which were not installed properly. A five minute recess was taken. DELIBERATION OF APPEALS APPEAL #26-94 Darlene Martins, S79 W16197 Bay Lane Place, Muskego, Wisconsin. Mr. Terry O'Neil made the motion to approve the variance as submitted. Mr. Henry Schneiker seconded. Hardship being pre-existing structure and lack of area available. Upon roll call vote, the motion carried. Mr. Schepp voted no, all others yes. APPEAL #34-95 Michael Oleniczak, W186 57675 Lincoln Road, Muskego, Wisconsin. Mr. Jerry Fohr made the motion to grant the appeal allowing 4'8" variance to allow an 18" sideyard offset and built no closer than 20' to the base setback line. Hardship is the location of the well on the property. Mr. Dan Schepp seconded. Upon roll call vote, motion carried unanimously. APPEAL #35-94 James Woznicki,Jr., W141 58042 Durham Drive, Muskego, Wisconsin. Mr. Jerry Fohr made the motion to approve the variance per 17:5.04(4) with the condition that 204 square feet be added to the home. Mr. Henry Schneiker seconded. Upon roll call vote, motion carried. ADJOURN With no further business to come before the board, Mr. Terry O'Neil made the motion to adjourn, Mr. Dave Warhanek seconded. Upon voice vote, the motion was carried and meeting was adjourned. Respectfully submitted, BOARD OF APPEALS Susan J. Schroeder 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 58200 Racine Avenue, at 7:00 P.M., Thursday, December 8, 1994, to consider the following appeals: Appeal #26-94 Darlene Martins S79 W16197 Bay Lane Place Muskego, WI 53150 REQUESTING 2 Variances: 1). Requesting a variance from Section 17:4.05(2) A.1. which specifies that a legal nonconforming structure shall not be expanded or enlarged except in conformity with the regulation of the district in which it is located. To allow the addition of a deck to an existing nonconforming structure. 2) Requesting a 2'7" variance from Sections 17:5.02(3)A.l., 17:8.08(3). and 17:9.04(3) which require a side yard offset of 5'. To allow the construction of a deck within 2'5" of the east lot line. Zoning: RS3-OLS Appeal #33-94 David and Goliath Builders (Alioto Residence) W194 S8464 Providence Way Muskego, WI 53150 REQUESTING: An appeal of an administrative decision. 1) Appealing Inspector's decision to deny occupancy permit for the Alioto residence. ZONING: RS2-OPD Appeal #34 -94 Michael Oleniczak W186 57675 Lincoln Road Muskego, WI 53150 REQUESTING: 3 Variances 1) Requesting a 110 square foot variance from Section 17:4.05(2)c.4, which limits the maximum size of a detached accessary building to no more than 60% of the square footage of the floor area of the principal building (495 square feet), to allow the construction of a 605 square foot detached garage. 2) Requesting a 2114" setback variance from Section 17:5.02(3)b., which prohibits the placement of a garage closer than 20' to the base setback line, to allow the construction of a new garage encroaching 114" into the Lincoln Road right-of-way. ZONING: RS3-OLS Appeal #35-94 James Woznicki, Jr. W141 S8042 Durham Drive Muskego, WI 53150 REQUESTING: 1 Variance 1) Requesting a 554 square foot area variance from Section 17:9.03(4), requirement of 1400 square foot, to allow a 846 square foot home to be remodeled over 50% of its value without increasing floor area to minimum size. Zoning R2 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 23th day of November, 1994 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 aids and services. For additional information or to request this service, contact Jean R. Marerda, City Clerk, at Muskego City Hall, 679-4100. TXTEOA/NOTZCE CITY OF MUMGO BOARD OF APPEALS Appealing Administrative Decision Applicants Name_ David & Goliath Builders, by their attorney , Bradley J. Dagen Petitioner's relationship to property (circle applicable): owner lessee © general contractor (residential construction) Alioto Residence Subject Property Address W194 58464 Providence Way, Muskego, WI 53150 Telephone 414 278-8500 Parcel Zoning: Residential - single Tax Key roily Fee: $80.00 Appeal Administrative decision regarding: Building inspection department decisions of September 17, 1994 (verbal) and September 30, 1994 (written) denying occupancy permit for Alioto residence. Code enforcers name: Chuck D. Dykstra, Sr. Reason decision regarding section 17:202(9.5) 17:202(14); 17:8.01(7)C g g is incorrect or improperly interpreted• Residence is a single family residence. Further, extended visits by Mr. Alioto's mother do not require the residence to be classified as a two family residence; particularly since Mrs. Alioto is a Florida resident. O CI 01 u1 �14 GNtQ � LA v -=\ n p v3CN -'-'v =� _ N p �^ -f1 Tir(r1 yy CA _ i-• er V N 1 J 6� �N I .. siv b :� 1 .p ;C, , • 69`rSS I J \ I A N ' LS 6S9 -4 iy N Ub (AO C 00 0 O Do CA W---' - - - - - ---- - . ^4 Ul _ 285.00 181.00 299.98- <' •_ L^ �i� w -4 m I w 86'66Z s fTl F< c „ C U rn Q 4 `o D I D Z iy N OlO D O c' v (.4 N, O, Li Li 96.66Z G � C. N N O a m w J Q Nm oo t f� CR O of c U1 o (Am N C AI CiJ b Z; CJ M.V / iJ m v' 3 cb / e� o September 3 p � �U/LD/N�' /NSP i 1994 Wisz sszoo ECTION i AttorneyRACINEAVENU �EP,cjh'TII�JENT Godfrey, Or Braun & If Dagen AVENUE • epx g03 MUSKEGO WI 53150. yes 0903 North Water '! Milwaukee Stree� 1�r WI 53202- RE . 78 -��Ll� W194 58464 Dear Attorney D Providence Way, Muske In ages. goy WlsaOnsin nse following cot, Your letter have The Sec o nts. Of September 29� 19g4 second t e °verloo last Para • let me offer Code, Pleaseadvane„relevant graph prowour letter statesthe Yes F Spec- Ificagave overlCok s1Ons °f the Uniform part , 'CIF I shall not ly ILgR 2p, ed an extre elling use• zoninbe construed2to) (b), which ates - a requirement' fire die affect states Ocalin nt section Although nts °r Other tslm, c s ide, lfr nt a qd irementpars Ire'This code effortg tithe UDC has quirements„ rear setback ted to land require deter been ref ve similar use.meats for whether erenced on Specific Theissue exiting f utilor ozedthe exitsrcouOccasions i 1 y Chapter 17 t hand is as a twos complyn an Chapter of the al family with I buildingl stSection 2,02 the rluskego MuniciPaling lssuether buiarchitecturalnecessarily(S:5) defines Code• lding may have Of ode by side Duplex„ ut as ChaChapter 17: Sec a several a trances fam1bY houswite all the-famil occupying Lion 2,02 although the distin g the premise (14) defin hour gulshed from s and liv• es famil e, Chapterlodging house, e1 b'Of indiv as single house or more Pere conditional Section 8.p1(7)C. fraternity or h to eying ka boa d nit�nas the arcsec ntectdural characas te lows,tall OWS two family g floor are unit does r is dominantly family„ residences residence as the othera� and One not exceed singlelfa aces, Provide a to locall unit by blood rsOn in ea square fee milt in a d the Y as "mot ' marria h unit is t of res ppearance. Chapter her -in-law '_marriage or ado related -r idential ' With Pter 17; approval Ption, a Person tTypically referredherie egulaions Pr! requhatior toir es issu verncification of e Of an oacupan y liance i Chapter 17:3.08(1) states in part, any person aggrieved, by a decision of the Administrative Officer may appeal such decision to the Board of Appeals, provided such appeal be taken within a reasonable time, as provided by the rules of said Board of Appeals. Section 3 of the rules of the Board of Appeals states in part, every appeal shall be taken within 20 days from the date of the making of any order, ruling, decision or determination from which an appeal is taken. In summary, it is the opinion of the Planning Director and myself, the Building Director, that this situation could best be resolved by taking one of the following steps (these steps have been presented as long ago as July to the Builder). 1). Appeal the decision of the Building Director relative to his interpretation of this dwelling as a mother-in-law unit or two family structure. *This action can no longer be taken, due to more than 20 days passing since the order was given (see 17:3.08(1) and Board of Appeals rules of procedure). 2). Put matter on agenda with the Planning Department requesting approval under 17:8.01(7)C. restricting two family approval (previously discussed). 3). Attempt to rezone property to duplex zoning to allow use. Finally, the homeowners wife, while recently directing Inspector Dave Bessy to the lower area for a follow up inspection, asked him to wait in the hall area while she woke up Ma and got her dressed so he could make the inspection. It is apparent the owners desire to utilize this as a separate area for the mother or mother-in-law to reside, so as to allow some supervision, while still allowing privacy for both parties. This situation clearly falls under the situation permitted as a conditional use under 17:8.01(7)C. Occupancy of this dwelling beyond;Qctober 10, 1994-; without resolving the door/window and deed restriction issues, (specifically numbers 1 and 5 of September 1, 1994 letter) will result in the issuance of daily citations for this violation. Any such citations will be issued to both the builder and homeowner and will accrue on a daily basis until compliance is achieved. Sincer y, � < C uck D. Dyks a, Sr. �. '�aC) `' crt s 5 Director Building Inspection -4v `` w CC: Mayor De Angelis Planning Director Sadowski David & Goliath Builders Mr. & Mrs. Alioto}�� k Alderman David Sanders Inspector Dave Bes5-14 L ID I 'y I n �ro1 ro A i ro i K 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i rA H i nD b ro 0 o O O O O O O O O O O 0 0 0 O O O O O O O O 0 O O O O O O I .•s1 Y 1 M 3 C'] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w i n IH-1 i 3 m o 0 0 O O 0 O 0 0 0 0 0 0 O O O c '-01-• O O O O O O O O O O O O O O P I •,� Z 1 Ii1 VI N x N \ UD O H O r� m Cn in m m m m (n N W m m m m o 1 P H H H H H H H H H H H H H '-• P I ro I H m 1 O O O o O O O O O O O O 0 O m I H •A I f+ O O O O O O O O O O O O O O m I I-3 I m A K I H H H H H H H H H H H H H H 01 I yy I H CA m En fn m O m M (n m W Cn CA Cn A 1 b I •m• H H H H H H H H H H H H H H ro 1 O I lT z z z z z z z z z z z z z z w t. r r n ] L] t. r r r r O O n t. n r r O t. r r r r< I N I O I I M M bGM •GM. bGM M •GMv "+7 M M bGM M bLM M 1 S i S S il in S H H H H H H H H H H H H H H m I I r r r r r r r r r r r r r r I I K K K K K K K K K K K K K K y£ 1 I �f pp yy yy pp .,.,yy •,•,y� yyyy �f �1 �7 •�• K I I 10 N 10 tnA mmtnmml0 mb A timA 10 10 10 10 PO tm»I�O n n n n n n n n n n n n n A n n n n n n n n n n H X1 O 0 0 n P W N H O m r r Q UJ 3 0 H nIV q 7C �"' • • • • • 7 m i<<�7G H I 1 3 H m O H X m m m O M [+] M M Fl M H tr-' O En 1 H H ,��1• b O • �D H yy yy yy yy 1 A O ro I I \ ro < M x 1 3 7 H H p H O M Z O 6 K ro O m N ro b M O M N I H H I O m H2 I-•7J <x z o z nn 03 H to x7 7 H �7H b 7M I xl <o C HN 1 zUI + I off rA w b m �t7 O I I m �y-j •V < J H �;07 N I tl� Hy Hq A SHI3j NOrH ryyy C HQ Hyy 0H y K7 yy y y HQ A yy A y r yy yyW HH yyCW KH yy m II roH mj7 iIIII \\\O P n C n C2 C O 1 m 0tp HHK�t0 0 O O OO O 0 O o P O 0 O W o ooG) �1A C O o O 0 m O H O0 Cr Q M O Z I Z 0 r ZC C !Z�HH n X O1 7nqm tor 10 O Jm H " m O 0 > cn 1D N m Iw En 5 I M I m HM 1 OO v mro M 10 yy CC p Z 10 CA CI m to1 H y roco+Jf.' b z x 2 m H G] I 1 1-• r 2 m H p n m �+ • n • n W �7 < n ;C H m 0 O n m 77 0 �q7 A l In m [n H m r 0 7 1 1 g3 AZ 3m H ryn�3 v+m u+xl •• l0 1 09a �o •*f z z < I 1 mH 7 ~ tt4 r-1 9 m t•'1 C o A Z O o• OC r Qr m z O H Z £ o o < 1 � Cn .ro r w O m 8 n t�+y]f I 1 H G] m z 0A>4 a n AC 10 Cro(*�f 7 8� nm 5 C� L21 On r t-- to C. a H H i m O m 0 -. 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EBERT HUGH R. BRAUN M. SUSAN MALONEY WILLIAM H. FRAZIER MAR/ORIE M GREENE DAMES SAMUELSEN BRADLEY J. DAGEN EDIVARD A. HANNAN STEPHANIE L. MCCONVILLE W WAYNE SIESENNOP A MICHAELLDANA- RICHARO D RIEDEL EVERETT E. WOOD W. PATRICK SULLIVAN BETH A. THORSON KEVIN M. LONG ROBERT W. HUFF•• JEFFREY L. JANIK • A--.—... I.— ••A—.O.iTe[— 1-- GODFREY, BRAUN & HAYES ATTORNEYS AT LAW FIRST FINANCIAL CENTRE 700 NORTH WATER STREET MILWAUKEE, WISCONSIN S3202-4278 (414) 278-8500 FACSIMILE: (414) 278-0421 September 29, 1994 VIA FACSIMILE 679-4106 & U.S. MAIL Mr. Chuck Dykstra Building Inspection Department City of Muskego W182 S8200 Racine Ave. Box 903 Muskego, WI 53130-0903 RE: W194 S8464 Providence Way, Muskego, WI 53150 Owner: Alioto Builder: David & Goliath Builders, Inc. Our File No. 30350 Dear Mr. Dykstra: FDL RICHARD R. P084NSON OF COUNSEL HANUN J. HAYES RETIRED This letter is to follow up on our conversation of September 26, 1994. During our conversation, we discussed possible resolutions of the concerns the Building Inspection Department has relative to the Alioto residence. After further discussions with my client, I must respectfully disagree with the position that the Building Inspection Department has taken in this matter. Initially, I would ask that you note that the area labeled as a kitchen by the Building Inspection Department is actually a bar area/recreation room. Since the stove has been removed and a permanent counter and cabinet installed, I believe the area is more appropriately described as a bar area or recreation room. Please note that this action was taken based upon the fact that the original concern of the Building Inspection Department was that the property "had two kitchens." Please note further that I have reviewed the Uniform Dwelling Code (UDC) and have found no prohibition of the steps taken by my client to convert the sliding glass door into nothing more than a large picture window. While I appreciate the safety concerns associated with the "screwing shut" of the sliding door, safety concerns have been addressed by adding steps in front of the lower bedroom window to provide safe egress in the event of an emergency. HOYT. SENDERS. MCINTYRE (1922) HAYES 6 HAYES (1949-1982) BENDER. TRUMP i MCINTYRE (1935) BENDER. TRUMP. DAVIDSON & GODFREY (1959) GODFREY. TRUMP 6 DAVIDSON (1967) GODFREY 6 TRUMP V975-1982) GODFREY. TRUMP 6 HAYES (1962-1992) Please note that it is also our position that the property does not have separate entrances and, as a result, would not qualify as a duplex. The basis for this conclusion is the fact that one entrance to the lower level is in the garage of the property while the other entrance has now been closed by "screwing shut" the sliding glass doors. Please note that I agree that better diplomacy could have been used by the parties in this matter. Nonetheless, my review of the applicable ordinances and UDC provisions indicates that the Alioto residence is now entitled to an occupancy permit. I have reached this conclusion regardless of the end result of our discussions concerning the lower level room and immobilized sliding glass windows. For example, ILHR 20.10(1)(b)3 indicates that occupancy must be granted following a final inspection which finds that "no violations of this code exist that could reasonably be expected to affect the health and safety of the occupant (emphasis added)." For this reason I respectfully submit that the Alioto residence now qualifies for an occupancy permit and we respectfully request that such a permit be issued at your earliest convenience. Meanwhile, I would appreciate receiving any further comments you have regarding the lower patio door and any applicable ILHR provisions, including ILHR 21.05. If I have overlooked any relevant provisions of the Uniform Dwelling Code, please advise me of them so that I may review them with my client. I look forward to hearing from you at your earliest convenience. Thank you for your attention to this matter. Very truly yours, GODFREY, BRAUN & HAYES Bradley J. Dagen BJD: dhf cc: David & Goliath Builders, Inc. (via facsimile & U.S. Mail) GODFREY, BRAUN & HAYES THOMAS W. GODFREY HUGH R. BRAUN ARTHUR L EBERT M. SUSAN MALONEY ATTORNEYS AT LAW WILLIAM H. FRAZIER MARJORIE M. GREENE JAMES SAMUELSEN BRADLEYJ DAGEN EDWARD A. HANNAN STEPHANIE L. MCCONVILLE FIRST FINANCIAL CENTRE W. WAYNE SIESENNOP MICHAEL ALDANA• RICHARD D. RIEBEL W PATRICK SULLIVAN EVERETT E. WOOD BETH A. THORSON 700 NORTH WATER STREET KEVIN M. LONG ROBERTW HUFF •• MILWAUKEE, WISCONSIN 53202-4278 JEFFREY L. JANIK •Auo .nrm.o r. INamu (414) 278-8500 •'A.ao .o.rm.n rr lwwd• FACSIMILE: (414) 278-0421 September 23, 1994 VIA FACSIMILE & U.S. MAIL Mr. Donald Simon, Building Inspector City of Muskego Building Inspection Department City of Muskego W182 S8200 Racine Ave. Box 903 Muskego, WI 53130-0903 RE: W194 S8464 Providence Way, Muskego, WI 53150 Owner: Alioto Builder: David & Goliath Builders, Inc. Dear Mr. Simon: RICHARD R. ROBINSON OF COUNSEL HANUN J- HAYES RETIRED This letter is in reply to your letter dated September 1, 1994, and your verbal communications with David & Goliath Builders, Inc. relating to occupancy for the Alioto residence located on Providence way in Muskego. After discussing this matter in great detail with Mr. Rodrigues of David & Goliath Builders, Inc., it is my conclusion that David & Goliath Builders, Inc. has fully complied with the requirements of the Wisconsin Administrative Code as they relate to this property and, in particular, as they relate to the requirements set forth in your letter of September 1, 1994. In light of the specific occupancy condition that the dwelling is not to be used as a duplex, I see no reason why occupancy should not be granted for the property in question. It is my understanding that you have a specific concern relating to a patio door that was converted into a window by rendering the door inoperable. Please note that the blueprint provides for an operable patio door at the location in question. It is my understanding that your primary concern has been the potential for use of the home as a duplex in an area that is zoned single family. I respectfully submit that your concern should be satisfied by the fact that a condition of occupancy is that the dwelling may not be used as a duplex. Further, please note that the applicable provision of the Wisconsin Administrative Code (ILHR Sec. 21.05) has been fully complied with. HOYT. BENDER 6 MCINTYRE HAYES 6 HAYES (1949-1982) (1922) BENDER- TRUMP 6 MCINTYRE (1935) BENDER. TRUMP. DAVIDSON 6 GODFREY (1959) GODFREY. TRUMP 6 DAVIDSON (1967) GODFREY 6 TRUMP (1975-1982) GODFREY. TRUMP 6 HAYES (1982-1992) Mr. Donald Simon September 23, 1994 Page 2 For these reasons, I request that you grant occupancy at this time. Please call at your earliest convenience, if you have any questions or any further information. Very truly yours, GODFREY, BRAUN & HAYES Bradley J. Dagen BJD:dhf cc: David & Goliath Builders, Inc. (via fax) re.s city 01 muJAec-o ember 1, 1994 d & Goliath Builders P.O. Box 23 Pewaukee, WI 53072 BUILDING INSPECTION DEPARTMENT W182 S8200 RACINE AVENUE • BOX 903 • MUSKEGO, V-1 53150-0903 • (414) 679-41 10 CERTIFIED MAIL P 317 288 678 RE: W194 S8464 PROVIDENCE WAY, MUSKEGO, WI 53150 Dear Sir: Listed below are the items required for occupancy: Change lower patio door into window and comply with ILHR I_) 21.05. �-,2: Provide temporary steps from the upper patio door to grade, ILHR 21.03 and 21.04 ,3-. Provide permanent step at windows used for exiting. ILHR 21.03(6)(E) 4. Furnish revised plan showing lower area and location of ! equipment. 5. Record occupancy and conditions with Waukesha County Register of Deeds and furnish copy within 10 days after issuance. Occupancy conditions are: 1. Dwelling is not to be used as a duplex. 2. Upper storage room is not be be used an a habitable room. Failure to comply with the above referenced information could result in the issuance of daily citations. Should you have any questions, please call 679-4037. Cily of Jine lee3iaenfia4 Jndlu3tria[ and /eecrealiona! Jaci[tliej Sincerely, Donald Simon Building Inspector DS/sjs CC: Mayor De Angelis Bob Alioto, owner �C 1 L_ �-7 (- e- Wisconsin Department of industry. Labor and Human Relations Safety and Buildings Division P.O Box7969 Madison, WI 53707 Wisconsin Statutes 101.63, 107.73 WISCONSIN UNIFORM BUILDING PERMITQ APPLICATION (See instructions on back of pink copy) Application No. I—' C. Parcel No - - L J j PERMIT REQUESTED 71Constr DAC ❑ Elec ❑ Plbg Erosion ❑ Other: Owners Name Mailing Address Telephone No. (include area code) U. i` 15_�jf ''z Contractor's Name Mailing Address Telephone No. (include area code) PROJECT LOCATION Lot Area 5 . ft 4� 5� f/4, /i� 1/4, Section T N, R r,26 _ zv Building Aduress (, t�j � _ `3 4(,0. , �, I Subdivision Name XaAl ell Lot No / Block No. Zo.-ung Districts) ' 2? - 01 i u Zoning Permit No. Setbacks Front f- Rear ft Left ft Right ft. 1. PROJECT - 3. OCCUPANCY 6. ELECTRICAL 9. HVAC E UIPIMENT 12. ENERGY SOURCE New ❑ Repair ❑ Alteration ❑ Raze ❑ Addition ❑ Move ❑ Other KSingle Family ❑ Two Family ❑ Garage ❑ Other (print): EntrancA Panel Size: ' amp Service: Underground ❑ Overhead X Forced Air Furnace ❑ Radiant Baseboard or Panel ❑ Heat Pump ❑ Boiler ❑ Central Air Conditioning Other Fuel Nat Gas L. P Oil Elec. ` Solid Solar Space Htg(1 ❑ ❑ ❑ ❑ ❑ Water Htg ❑ ❑ ❑ I ❑ ❑ ` ❑ Dwelling unit will have 3 kilowatt or more installed electric space heating equip Infiltration control option is: ❑ Full sealing of joints []Blower door test- (:]Exterior au infiltration barrier = a. CONST: TYPE �. FOUNDATION JgSrte Constructed ❑ Manufactured ❑Concrete tNasonry Wood ❑Other [Q,'PLLIMBING 2. AREA INVOLVEDTreated Sewer Municipal ❑ Septic Permit No. BasementSq ft. Living Area V Sq. ft. Garage 1 li Sq- ft. S. STORIES 13. HEAT LOSS (Calculated) Aj - Story ❑ 2-Story ❑Other 8. USE : Envelope BTU/HR Infiltration BTU/HR ❑ Seasonal -Permanent ❑ Other 'E 9. WATER M.Muniupal Utility ❑ Private On -Site Well 14. EST. BUILDING COST �1 Plus Basement S 5 The applicant agrees to comply with all applicable codes, statutes and ordinances and with the conditions of this permit; understands that the issuance of the permit creates no legal liability, express ror implied, on ate Department or municipality; and certifies that all the above information is accurate. APPLICANT'S SIGNATURE // {'� �1' ! �:.�! ;�'r'•� �LX=�'rlU' DATE SIGNED APPROVAL CONDITIONS This permit is issued pu uant to the following conditions. Failure to comply may result in suspension or revocation of this permit or other penalty. ISSUING JURISDICTION ❑ Town ❑ Village [City ❑ County ❑ State of: Municipality Number of Dwelling Location: .FEES• - :PERMIT(S) : ISSUED WIS. UNIFORM PERMIT: SEALNO. p tNU ISSUED SY. Plan Review S Inspection 5 .r Wis Permit Seal S 30 Other Total S /j �/ �(Jj� MConstruction —fftfttAC "Ej@terirical fj-Pfvrtfbing F j osio Name Date Cert. No. J SBD-5823 (R. 07.'92) WHITE - Issuing Jurisdiction YELLOW - DILHR GREEN - Inspector PINK - Owner/Agent Yr + 9, Es G C7 1c; L3 N, Y-4 0 T I fc''' 4 — — — -j— — — — - — Z' S -1 r_ L/. � 4 V PF� , 6, r7C K W OL >- /-S Ul Ito 14. 0 F6T Cl) lal, ts / I /. I l?o Ir —7 4 9 co-O IN, 4b /74 12 F_ C> 'z5, r c --------------- ; ( 7�. 13 BAR • Ff& e?AtA 5 a, L) 4 KEA tu �_A i I_ — — 5j t! /0-S 0, 0 -J"- .1 r-I e-?,-1 4tS (01 7, 1? 7 ro Iv x /.S- VkJ4— r sc Is, Eli w C V I I-- - el-, q5, 0 " ar /Zf oil C7' lb A, In o 11 7 V-7 L11 C-7 q7 Vv— /eP o,- T4 wit t., e 4915 4 - �-,, _1 Ta ir- v xL Av x 59 Lf, I XZ %J.