Zoning Board of Appeals 35-1994oil ffillil?e 0 BUILDING INSPECTION DEPARTMENT
W182 58200 RACINE AVENUE • 80X 903 • MU5KECO, WI 531 S.-_ �;,;
December 9, 1994
Mr. James Woznicki, Jr.
W141 S8042 Durham Drive
Muskego, WI 53150
RE: W141 S8042 Durham Drive
Dear Mr. Woznicki, Jr.:
The Board of Appeals wishes to advise you that your request for
a variance has been modified and approved to remodel your home
pursuant to Muskego Ordinance 17:5.04(4)., with the condition
204 square feet will be added to the structure.
Please be advised that a building permit is required prior to
any construction.
Sincerely,
BOARD OF APPEALS
Susan J. Schroeder
Recording Secretary
City oI .}ine I ejaential, Jnclujlrial anal leecreationaf �aciCilies
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.1.,
17:8.08(3). and 17:9.04(3) which require a side yard offset of
51. 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 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
10,27. 9a 1.3:4q 'a6794106
VI u u 1
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CITY -OF MUSKSC-0
BOARD OF APPEALS
AnDlication ioz iiar i ante
.ApplicaUts .Name�i--
Suh1 ect Prope 4ir Address: / f1 /)z
Te l ephon.e -d/zz - D,Z3C�
Property Zoning: KeV
PetitionerIsrelationship to property (circle applicable): '
owner lessee other
Fees: $80.00
Date inspector denied permi-; 9 /✓� .�,�
Reauest-ing variance to sect pan l
To allow: C_-on,tU_-t-
A ?iterai enTarce;nent of the tez-ms of the above --referenced section
y O l d result in pra4cti cal dif-f-culty and u necesSary hardShib
because_ / -
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ri ric�lciir Gv t ! hgt�r� `J(.sC7,L g S 1/i-cS
The vaXi a_*1c u o s E Carr a i ,� T n u� c.J z "'W ra�
... i f aranted will ? i
not be cc�nL.raxy to the pry Zit � .
interest and will -be -in accord with, the spiri
becansa-
t of the code
The vari ancL i -c � � ` - � r
graatedr will not adverse�y ,affect public sa-fety
or jeopaxdize public welfare because:
Post-ft" Fax Note 7577 Da19(0 2-1
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James Woznirki
PLAT OF SURVEY
5 Oc'
LOCATION: Mirltam Road, Mnske90, Wisronsin
LEGAL DESCRIPTION:
Parcel A: All that pmrt of thr• Northeast 114 of Section 14, 'rown 5 North, Rannn 20 East, in the
City of Muskego, Waukesha County, Wisconsin, rle.crib, as fnllnun: Commencing at the Northeast
corner of the said Section anti runninq thence South on Socti.on 1-inn 891.1: feet, and thence
South 75° Went, 427.25 feet and thence North 4 112 ° West 54.0 commencement
feet to the mint of commencementof the lands herein liesrribed. Thence South 76 3/4' West 1Fi3.0 feet to the centerline mer)F public,
4° 2R'
highway; thence North 53' 55' West 101.2 foet; thenr.e North 7A' 23' i:a5t 229.2 fret; thence South
East 70.00 feet to the point of commencement-.
Parcel A: All that part of t-hra Northnas*. 1/4 of er.tian 14, 'rownshif. 5 ':orth, Range ZO cast,
in the City of Muskego, Waukesha County, Wisconsin, described as follows: Commencing at the point
on the East line of the said :pction distant Louth 89].0 feet from the Northeast corner of the said
Section; thence Sour.h 75° West 427.25 feet and tharrcn North 4 1/2' West 54.0 feet and thence North
la 20' West 7 e feet to the- rrlint of commencement of the SourN lands herein described. Thence south 7$23! West on the
North line of 0.34 acre tract
239.2 feet to the renter line o A"'L�QA/Ee K
highway; Lhence North 53' 55' wst' on said line 13.41 feet, thence North 78° 23' East 14 feet; thence South 4° 20' East ]0.0 feet to the 14
4 n N'm
point of cotmnencernnnt.
N
April 13, 1994
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(I W ynoD, Vic:Mlwin
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Please fill out the bottom and return to me ASAP so that I can apply for the
required variances necessary to improve this property.
Your help is extremely important and I certainly appreciate your time in looking
this over and giving me your opinion.
Thank You in Advance for your Help!
Sincererly;
James Woznicki
---------------------- Please rut here, sign and return ----------------
We are the owners of the property listed below.
Dennis & Lynn Kurer
Tax Key # 221-3999 and 221-3995
Please check one box and return this bottom portion in the self addressed envelope.
We are : Not Opposed F�
Opposed Q
to your plans to renovate and update your property located at
W141 S8042 Durham Drive In Muskego, W1
115—
Date
Please fill out the bottom and return to me ASAP so that I can apply for the
required variances necessary to improve this property.
Your help is extremely important and I certainly appreciate your time in looking
this over and giving me your opinion
Thank You in Advance for your Help!
Sincererly;
James Woznicki
----------------------Please cut here, sign and return--- ---------------
I am the owner of the property listed below.
Howard Lintner
W 141 S 80b3 Durham Dr.
Tax Key # 221 -3989
Please check one box and return this bottom portion in the self addressed envelope.
lam : Not Opposed N
Opposed ❑
to your plans to renovate and update your property located at
W 141 S8042 Durham Drive in Muskego, WI
Owner's Signature Date
4
Please fill out the bottom and return tome ASAP so that I can apply for the
required variances necessary to improve this property.
Your help is extremely important and I certainly appreciate your time in looking
this over and giving me your opinion.
Thank You in Advance for your Help!
Sincererly;
James Woznicki
---------------------- Please cut here, sign and return ----------------
I am the owner of the property listed below.
Ester Schaefer
W 141 S8080 Durham Dr.
Tax Key 4 221-3999-001
Please check one box and return this bottom portion in the self addressed envelope.
lam : Not Opposed �Z)
Opposed ❑
to your plans to renovate and update your property located at
W141 S8042 Durham Drive in Muskego, WI
J/,r ji"� —ze'l
Owner's Slgnat rye Date
Please fill out the bottom and return to me ASAP so that I can apply for the
required variances necessary to improve this property .
Your help is extremely important and I certainly appreciate your time in looking
this over and giving me your opiniom
Thank You in Advance for your Help!
Sincererly;
James Woznicki
----------------------Please cut here, sign and return ------------------
I am the owner of the property listed below.
James Woznicki Sr.
Tax Key # 221-3992
Please check one box and return this bottom portion in the self addressed envelope.
lam : Not Opposed ff
Opposed El
to your plans to renovate and update your property located at
W 141 S8042 Durham Drive in Muskego, WI
7