Zoning Board of Appeals 34-1994--C-l'ily 01 vjttjieg�?
December 9, 1994
Mr. Michael Oleniczak
W186 S7675 Lincoln Drive
Muskego, WI 53150
BUILDING INSPECTION DEPARTMENT
W 182 S8200 RACUVE AVENUE • BOX 903 • h1USKEGC, '!i :: _ 3 079-4l 10
RE: W186 S7675 Lincoln Drive
Dear Mr. Oleniczak:
The Board of Appeals wishes to advise you that your request for
a variance to construct a garage has been modified to allow the
construction no closer than the street right -of way (60 feet).
The Board also approved the garage to be constructed no closer
than 18" of the south property instead of the 6" as requested.
Please be advised that a building permit is required prior to
any construction.
Sincerely,
BOARD OF APPEALS
Susan J. Schroeder
Recording Secretary
Cly o` 5ine Kadidenfial, JnJuilriaC and f4crealionaf Jacififi"
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.I.
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 114" 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 Say 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 roil call vote, the motion carried. Mr. Schepp
voted no, all others yes.
APPEAL #34-95 Michael Oleniczak, W186 S7675 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 S8042 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 217" variance from Sections
17:5.02(3)A.1., 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 58464 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 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.
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
Pi,EME DOTE: 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 K. Marenda, City Clerk, at Muskego City Hall, 679-4140.
TXTACA/NOTICE
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name C WX,5 L- 49,0C Z41 C
Subject Property Address: LJ b f klnOL)
Telephone 67 58o8
Property Zoning: S 3 O J Key T
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $80.00
Date inspector denied permit: %4 2_l y`�
�(�) {�` 9-oar
Requesting variance to 52ction g : �
To allow:
A)
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
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because: gv
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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:
Page 1 of 2
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DESCRIPTION: Lot 60 in the Flat of Kingston's Muskegs Subdivision
theNumber 2, being a subdivision of a. part of shipN5 North Range 0 East
and SE 1/4 of the SW 1/4 of Section 9, Townsinincluding a
in the- City of Muskego, Waukesha County,
resubdivision of a part of Kingston's on Muskego Subdivision Number 1.
recorded in Plat Book 13, Pages 4 and 5, Waukesha_ County records
described as follows to wit: Commencing at the SE Corner of;.Lot-g of --.the
said subdivision and thence -S�670 42' W, 420.00 fhence;Ne21e 02 101�,27•05
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223.00 feet; thence N 67° 42 E, 357.27 feet;
feet; thence along the arc of a curve of radius 0 feeet6.3 feet and I. along 1h
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22° 22' and chord bearing S 79° 53 57" E. 53.4 38andechordbearing
arc of curve of radius 44.70 feet and I angle
S 52° 27' E, 46.50 feet; thence, S 21° 02' E,'161.70 feet to beginning
OWNER: John Roskos W186 S7675 Lincoln
REQUESTED BY: Republic Savings and Loan, its successor and/or its
assigns, ATTENTION DORETHA!.
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INSPECTORS COPY
see permit for
conditions of approval
EXISTING GARAGE -4- NEW GARAGE
W 186 S 7675 LINCOLN DRIVE
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