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Zoning Board of Appeals 36-1995y� CITY OF MUSKEGO October 27, 1995 Mr. Francescp Aiuppa W207 S8286 Hillendale Drive Muskego, WI 53150 Dear Mr. Aiuppa: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 The Board of Appeals wishes to advise you that your request for a variance to Chapter 30, Building Code, Chapter XI, Garages, has been granted. Sincerely J r Susan J. S oeder Secretary cc: Chairman Pionek W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 DATE October 26, 1995 CITY OF MUSKEGO BOARD OF APPEALS APPEAL # 36-95 NAME Francesco Auipa ADDRESS W207 58286 Hillendale Drive TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W207 S8286 Hillendale Drive TYPE OF ZONING RS-1 1) Appealing Section 3.08 (1) Appeal Provisions, petitioner seeks an appeal from Chapter 30 -- Building Code, which refers to the Wisconsin Uniform BuildingCode, Chapter XI, Garages, Section 30.4393)(c) Area. Said section requires a fire wall partition in any wood framed construction garage in excess of 720 square feet -- RS-2 Zoning District 80.00 FEE TO BE PAID AT TIME OF APPLICATION DECISION OF THE BOARD OF APPEALS AP ROVED DENIED CHAIRMAN PIONEK VICE-CHAIRMA MEMBER O'NEI MEMBER SCHEP MEMBER KERR FIRST ALTERNATE HERDA SECOND ALTERNATE BRANDT Secretary" C Date l u l 2-Lc1-;� S CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON OCTOBER 26, 1995. Meeting called to order at 7:00 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Terry O'Neil, Mr. Dan Schepp, Mr. Michael Brandt, and Mr. Carlos Trejo. MINUTES: Mr. Schepp made the motion to adopt the minutes from the September 28, 1995, meeting. Mr. O'Neil seconded. Upon a voice vote the motion to adopt the minutes of the September 28, 1995, meeting passed unanimously. Mr. Schepp made a motion to accept the minutes from the October 19, 1995, meeting. Mr. Pionek seconded. Mr. O'Neil abstained from voting. Upon a voice vote the motion to accept the minutes of October 19, 1995, meeting passed. NEW BUSINESS Appeal # 34-95 Steven J. & Careyann M. Hornak, W143 S6932 Belmont Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr. and Mrs. Hornak. Petitioner seeks relief from Chapter 17--Zoninq Ordinance: Sections 5.04(1) Building Size: Minimum Required. Said section restricts the minimum floor area of any primary residential unit to 970 square feet. The petitioner request a 193 square foot variance to reduce the total floor area of the primary residential unit to 777 square feet. Mr. Trejo described the zoning as RS-3 15,000 square foot Suburban Residence. Mr. Trejo also read a variance granted to this subdivision in 1953, stated 6200 cubic feet minimum is required on the first floor. Mr. Schneiker administered an oath to Mr. Steve Hornak. Mr. Hornak stated he purchased this home in January, 1994, at that time, two --thirds of the garage was converted into a family room. He since decided he needs a garage, he added a service door, reverting the family room space back to a garage. He stated he needed the storage space. Mr. Hornak was not aware he was required to obtain a building permit. The house is currently for sale. Appeal # 35-95 Fred Taylor S66 W13216 Saroyan Road, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr. Taylor. Petitioner seeks relief from Chapter 30--Building Code, which refers to the Wisconsin Uniform Building Code, Chapter XI, Garages, Section 30.43(3)(c) Area. Said sections requires a fire wall partition in any wood framed construction garage in excess of 720 square feet. The petitioner is requesting an area variance of 112 square feet to permit a 832 square foot (32' X 26') wood frame constructed garage without a dividing fire wall. Page 2 Board of Appeals, October 26, 1995 Mr. Trejo described the zoning as RS-2, 20,000 square foot Suburban Residence. Mr. Trejo read #P.C. 136-95, granting second garage structure approval from the Plan Commission. Mr. Schneiker administered an oath to Mr. Fred Taylor. Mr. Taylor stated if he were to install a firewall, he would not have room in his garage for his pontoon trailer, which is the purpose of this garage. He dial not realize the constraints of the firewall restriction until after he had his slab poured. Mr. Taylor stated he intends to install fire extinguishers and this building is 70 feet from his residence and greater than 100 feet from neighbors. There was no communication received from any of his neighbors. Appeal # 36-95 Francesco Auipa, W207 S8286 Hillendale Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr. Auipa. Petitioner seeks relief from Chapter 30--BuildingCode, which refers to the Wisconsin Uniform Building Code, Chapter XI, Garages, Section 30.43(3)(c) Area. Said sections requires a fire wall partition in any wood framed construction garage in excess of 720 square feet. The petitioner is requesting an area variance of 1,224 square feet to permit a 1,944 square foot (54' X 36') metal frame constructed garage without dividing fire walls. Mr. Trejo described the zoning as RS-1, 30,000 square foot Suburban Residence. Mr. Trejo read #P.C.105-95. Plan Commission approval of a second garage structure. Two firewalls would be required for this size structure. Mr. Aiuppa stated the garage is 50--60 feet away from his house and 200-300 feet away from future lots. DELIBERATION OF APPEALS APPEAL #34-95 Mr. Schepp made a motion to grant the appeal as submitted subject to the appellant applying for a building permit for the alterations done to the garage within thirty days. The hardship being pre-existing conditions, the previous granted in 1953, and that the reduction in square footage would still maintain character of the community and be within the spirit and intent of the ordinance. Mr. O'Neil seconded. Upon a roll call vote, Mr. Schneiker, O'Neil, Schepp and Brandt voted yes. Mr. Pionek voted no. Appeal #34-95 passed. APPEAL #35-95 Mr. Brandt made a motion to grant the appeal as submitted based on structure location being far enough away from other structures and extinguishers being installed. The hardship being the firewall requirement eliminates space for storage, past practice of granting such variances, and the proposed code changes requiring a firewall. Mr. Schepp seconded. Upon a roll call vote, Appeal #35-95 passed unanimously. Page 3 Board of Appeals, October 26, 1995 APPEAL #36-95 Mr. Schepp made a motion to grant the appeal as submitted. The hardship being lack of storage, past practice of granting such variances, and the proposed code changes requiring a firewall. Mr. Schneiker seconded. Upon a roll call vote, Appeal #36-95 passed unanimously. MISCELLANEOUS BUSINESS Mr. O'Neil made a motion to adjourn. Mr. Schneiker 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 9:30 PM. Respectfully submitted, Susan J.-Seder Recording Secretary CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name Subject Propert Telephone (LD/ -- 2 /5 44- Property Zoning A,5 --- l Key # � ���� f C-1 � �f Petitioner's relationship to property (owner) lessee other Fees: $80.00 (circle applicable): Date inspector denied permit: Requesting variance to Section 0_1ggpter W, ")cc 33L, L4 3 To allow: k0,4- i -' ,�i 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 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: CITY OF �-MUSKEGO SEPTEMBER 6, 1995 Mr. Aiuppa W207 S8286 Hillendale Drive Muskego, WI 53150 Dear Mr. Aiuppa: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 This is to advise that the Plan Commission, at their meeting held Tuesday, September 5, 1995, adopted amended Resolution #P.C. 105-95, Approval of 36' x 64' second garage structure for the property located at W207 S8286 Hillendale Drive. A building permit and zoning permit are required from the Building Department and Planning Department prior any construction at the site. Sincerely, /`'� " /u,t-Ca Collette M. Klenz Planning Secretary W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin. 53150-0903 • Fax (414) 679-5614 CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON SEPTEMBER 5, 1995 Mayor David De Angelis called the meeting to order at 7:29 p.m. PRESENT: Chairman David De Angelis, Ald. Misko, Commissioners' Smith, Vitt, Hulbert, Gummer and Director Matthew Sadowski. ABSENT: Commissioner Schaumberg Secretary reported that the meeting was properly noticed. MINUTES: Commissioner Hulbert made a motion to approve the corrected Minutes of the August 15, 1995, meeting, Ald. Misko seconded. Upon a voice vote, the motion to adopt passed unanimously. OLD BUSINESS: RESOLUTION O.C. 71-95 -- Approval of Sketch creating a Two Lot Land Division of the Spieler property located in the NW 1/4 of Section 4. (Hardtke Drive) Deferred from May 16, 1995. This was referred to the Board of Appeals, the Board of Appeals referred back to the Plan Commission requesting a decision, so they may react to that decision in deciding the appeal. Director Sadowski reviewed the options and suggested a denial as the request would create two nonconforming lots of an existing conforming lot. The request is not in keeping with the existing zoning and existing surrounding lots. Mr. Dale Brendelson, representing Mr. Spieler, cited that the request is within reason considering the surrounding properties. Upon a roll call vote, Resolution #P.C. 71-95 was defeated unanimously. RESOLUTION #P.C.105-95 -- Approval of Second Garage (36 x 64) for the Aiuppa Property located at W207 S8286 Hillendale Drive. Deferred from August 15, 1995. The proposed building was explained in detail. Discussion ensued regarding that division of this land in the future would create nonconforming size of this second garage structure, therefore, the Planning Department is recommending approving only 1300 sq. ft. building. Discussion ensued regarding the proposal as submitted. Chairman De Angelis read into the minutes a memorandum from the Chief of Police in support of to the request. Discussion ensued regarding restricting all storage of existing and future vehicles to the inside of this building, requiring screening of structure and a shingled roof. Mr. Aiuppa is willing to install the highest fence allowed on the property line to screen his property from his neighbors. He will also install trees to further screen the building. He presented various photos of pole buildings within the area of his home that have a metal roof. AMEND RESOLUTION #P.C.105-95 APPROVAL OF A 36' X 64' SECOND GARAGE FOR THE AIUPPA PROPERTY LOCATED AT W207 S8286 HILLENDALE DRIVE WHEREAS, A site plan and construction information was submitted on June 20, 1995, by Mr. Aiuppa to construct a 36' X 64' second garage structure (pole barn) at the residence located at W207 S8286 Hillendale Drive, and WHEREAS, The location of the second garage (pole barn) will meet the setbacks of the RS-1 zoning district and the architectural appearance would be compatible with the applicant's residence and surrounding area, and WHEREAS, The second garage is intended to be used for storage and the Plan Commission has authority to approve the type and size of second garage structures, and WHEREAS, Materials submitted do not propose the use neither of this nor any other structure on the property for business related activities, and WHEREAS, The proposed pole barn represents 0.6% of the area of the parcel. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the pole barn, not to exceed 2,304 square feet, for Aiuppa Property subject to no outside of storage of vehicles. BE IT FURTHER RESOLVED, That subject shed shall neither be used for the operation of a business nor the storage of business related materials and equipment and a building permit is required prior to construction of subject pole barn. BE IT FURTHER RESOLVED, That a fire wall variance may be required from the Board of Appeals. BE IT FURTHER RESOLVED, That a height variance will be required from the Board of Appeals if subject pole barn exceeds a height of fifteen (15) feet. BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. 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