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Zoning Board of Appeals 33-1995CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON SEPTEMBER 28, 1995. Meeting called to order at 7:10 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Terry O'Neil, Mr. Frank Kerr, Mr. Dan Schepp, Mr. Michael Brandt, Mr. Edward Herda, and Mr. Carlos Trejo. MINUTES: Mr. Schepp made the motion to adopt the minutes from the August 24, 1995, meeting. Mr. Kerr seconded. Upon a voice vote the motion to adopt the minutes of the August 24, 1995, meeting passed unanimously. NEW BUSINESS 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 Area. of the limits square XI, Section 4.43 (3) C Garages: General Re uirements Said section restricts the size of a detached garage to 60% total floor area of the principle building on the lot and the size of a wood or metal frame garage structure to 720 feet without a dividing fire wall. Petitioner is requesting a variance to build an additional 1,237 square feet over the permitted 998 total square feet. The total square footage would equal 2,235 square feet or 134% of the total floor area of the principle building on the lot. Petitioner is also requesting that the proposed second garage structure, totaling 1,620 square feet, be granted a variance to the required two (2) fire walls. Mr. Trejo described the zoning: R-2, 60,000 square foot Country Home District. Mr. Trejo explained that the Plan Commission unanimously defeated Resolution #P.C. 146-95, requesting approval of a 36' x 45' second garage structure on September 19,1995. Upon defeat of this Resoltution, Mr. Trejo stated the ordinance restricts Mr. Haupt from appealing land use decisions to the Board of Appeals. Mr. Schepp made motion to hear Appeal #33-95. Mr. O'Neil seconded. Roll call vote: Mr. O'Neil and Mr. Schepp, Yes. Mr. Pionek, Mr. Schneiker and Mr. Kerr, No. The alternates did not vote. Motion failed. Chairman Pionek informed Mr. Haupt the Board of Appeals would obtain an opinion from the City Attorney as to whether the Appeals Board could hear this appeal. Appeal # 31-95 Geraldine A. Howe, W180 S6822 Muskego Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Ms. Howe. Petitioner seeks relief from Chapter 30--Building Code, which Page 2 Board of Appeals, September 28, 1995 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. 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 southside 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 4 Board of Appeals, September 28, 1995 the new handout. The Board agreed to place the handout on the Plan Commission meeting set on October 17, 1995. Mr. Trejo reported to the Board that Kids Kampus Day Care has submitted plans for enclosing their dumpster and Mr. Henke did in fact obtain a razing permit prior to receiving his building permit. Further review and enforcement will be done to ensure conditions placed on appeals are met. It was determined the combined November/December meeting would be held December 7, 1995, with the application deadline being November 22, 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 11:00 PM. Respectfully submitted, 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 S8200 Racine Avenue, at 7:00 P.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--BuildingCode, 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--Zoning Ordinance, Sections 5.02 (1), (2), and (3) Buildina 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 (6') 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 9/28/95 Page 2 total floor area of the and limits the size of structure to 720 square wall. principle building on the lot a wood or metal frame garage feet without a dividing fire Petitioner is requesting a variance to build an additional 1,237 square feet over the permitted 998 total square feet. The total square footage would equal 2,235 square feet or 134% of the total floor area of the principle building on the lot. Petitioner is also requesting that the proposed second garage structure, totaling 1,620 square feet, be granted a variance to the required two (2) fire walls. Zoning: R-2, 60,000 square foot Country Home 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 15th day of September, 1995 PLEASE NOTE. it is possible that members of and possibly a quorum of members of other governmental bodies ❑f 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 Clark, at Muskego City Hall, 679-5625.. LAW OFPCES OF ARENZ, MOLTER, MACY & RIFFLE, S.C. 720 N. EAST AVENUE P.O. 80X 1348 DALE W. ARENZ WAUKESMA. WISCONSIN 33187-1348 DONALD S. MOLTER. JR. JOHN P. MACY, COURT COMMISSIONER H. STANLEY RIFFLE. COURT COMMISSIONER ERIC O. SCHLIETER RICK D. TRINDL November 3, 1995' r Mr. Carlos Trejo Planning Assistant CITY OF MUSKEGO Post Office Box 903 Muskego, Wisconsin 53150 Re: Board of Appeals Dear Mr. Trejo: TELEPHONE 5a8.1340 FACSIMILE 548-9211 AREA CODE 41A I am in receipt of your letter and enclosures dated October 11, 1995. Pursuant to said letter and the telephone conference with Matt and yourself of October 12, 1995, I am of the following opinion: 1. Section 17.3.08(2) provides, generally and in part, that the Plan Commission makes decisions as to residential outbuildings, building, site and operation plans, signs of a temporary or permanent nature and conditional use requests which are not appealable to the Zoning Board of Appeals. The Zoning Board of Appeals hears questions relating to variances from basic zoning regulations. 2. As to your letter of October 11, 1995, you set forth facts concerning a certain petition to the Plan Commission concerning a residential outbuilding. Apparently, a petition for a 361 x 361 residential outbuilding was granted by the Plan Commission for the use requested within the square footage permitted by the code subject to the Board of Appeals allowing a variance for the size petitioned for above and beyond the amount allowed by the code, but only up to the 36, x 361 limit. Said variance was granted by the Board of Appeals and the petitioner then filed a new petition for a 361 x 451 building and the use requested was denied by the Plan Commission and the petitioner filed another appeal with the Board of Appeals. 3. It is my understanding that §17.3.08(2) has been interpreted to mean that the use of residential outbuildings is �yy OFFICES OF ARENZ, MOLTER, MACY & RIFFLI✓, S.C. November 3, 1995 -2- Mr. Carlos Tre]o determined by the Plan Commission, but once variance to a use Is the Board of Appeals could g This granted, regulations as to setback,. size, etc• basic zoning reg interpretation pursuant to appears to be a reasonable d other applicable ordinances. §17 6 11 and §17.4.05(1) and other 4. As to the last petition far a 36' x he building, therehisPnon Commission has denied the use and, to on as to the size question for the Board of Appealswould be beyond the variance requested and to do so, jurisdiction of the Board of Appeals pursuant to §1?•me. � lease feel free to contact me. If you have any further questions, P Sincerely, AR�� MOLTER, MACY & RIFFLE, S.C. Donald S. Molter, Jr. DSM/pw cc: Mayor David L. De Angelis Ms. Jean Marenda, Clerk Mr. Matthew Sadowski, Director of Planning CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants N Subject Property Address: Telephone e 31 Property Zoning Key #_ a ) ("� , _9Bq Petitioner's relationship to property owner lessee other Fees: $80.00 (circle applicable): Date inspector denied permit: C�prC- i'7 Requesting variance to Section To allow: A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: The variance, if granted, will not be contrary to the public interest and ill ZZe in accord with the spirit of the code because: The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: art -