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Zoning Board of Appeals 36A-1996"= C ITT or ece Mr. and Mrs. Chris Metcalf W182 S6578 Garnet Drive Muskego, WI 53150 Dear Mr. and Mrs. Metcalf: DEPARTMENT OF CITY PLAINNING Matthew G. Sadows �i. Plan Director (414) 6 7 9-4136 The Board of Appeals wishes to advise that your request for a variance to build a 21 foot high garage was approved for a 24' x 34" structure. Your request for a 173 square foot variance and not to construct a firewall were denied due to the lack of a hardship. Your request for a deck was approved as submitted. If you should have any questions, please contact Carlos Trejo at 679-5674. Sincerely, Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue a Box 903 • 'Musk -ego. Wisconsin. 53150-0903 • Fax i 414", 679-5614 CITY OF MUSKEGO BOARD OF APPEALS DATE DECEMBER 12, 1996 APPEAL #36A-96 NAME CHRIS METCALF ADDRESS W182 S6578 GARNET DRIVE MUSKEGO, WI 53150 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W182 S6578 GARNET DRIVE Appeal #36A-96 Requesting under the direction of Section 3.08 (1) Appeal Provisions, five (5) variances: Three addressing an accessory structure: 1. Chapter 17--Zoning Ordinance: Sections 5.03 (1) Height: Maximum Height Restricted. Said regulation restricts the height of an accessory structure to 15 feet. Petitioner seeks a six (6) foot height variance to permit an accessory structure with a 21 foot height. 2. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of an accessory structure to 60% of the floor area of the principal building on the lot. Petitioner seeks a 173 square foot variance to permit a proposed 864 square foot accessory structure and an existing 120 square foot shed totalling 73% of the total floor area of the principal building on the lot. 3. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 144 square foot variance to permit construction of a 864 square foot accessory structure without a dividing fire wall. Two addressing a deck: 4. Chapter 17--Zoning_ Ordinance: Sections 9.04 (7) E, Lake Shore District Offset Reqirements. Said regulation requires a 50 setback for any structure from the ordinary high water mark. Petitioner seeks a 34 foot variance from the ordinary high water mark to construct a deck 16 feet from the ordinary high water mark. 5. Chapter 14--Flood Plain Zoning Ordinance: Section 4.3 (a) Standards for Development in Flood Fringe Areas. Said section requires a 15 foot offset one foot above the regional flood elevation around residential uses. Petitioner seeks a zero (0) foot offset. DECISION OF THE BOARD OF APPEALS Three addressing an accessory structure: 1. Chapter 17--Zoning Ordinance: Sections 5.03 (1) Height: Ma:•imum Height Restricted. •Said regulation restricts the height of an accessory structure to 15 feet. Petitioner seeks a si�: (6) foot height variance to permit an accessory structure with a 21 foot height. 2. Chapter 17--Zoning Ordinance: Sections 4.05 (2) CA Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of an accessory structure to 60% of the floor area of the principal building on the lot. Petitioner seeks a 173 square foot variance to permit a proposed 864 square foot accessory structure and an existing 120 square foot shed totalling 73% of the total floor area of the principal building on the lot. 3. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the ma::imum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 144 square foot variance to permit construction of a 864 square foot accessory structure without a dividing fire wall. Two addressing a deck: 4. Chapter 17--Zoning Ordinance: Sections 9.04 (7) E, lake Shore District Offset Regirenents. Said regulation requires a 50 setback for any structure from the ordinary high water mark. Petitioner seeks a 34 foot variance from the ordinary high water mark to construct a deck 16 feet from the ordinary high water mark. 5. Chapter 14--Flood Plain Zoning Ordinance: Section 4.3 (a) Standards for Development in Flood Fringe Areas. Said section requires a 15 foot offset one foot above the regional flood elevation around residential uses. Petitioner seeks a zero (0) foot offset. CHAIRMAN O'NEIL VICE—CHAIRMAN SCHEPP MEMBER SCHNEIKER MEMBER BRANDT MEMBER HE RDA MEMBE SCHUS MEMBE ROSS Approved Approved Approved Approved Absent Denied Abstained Secreta Date Z) 3 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON DECEMBER 12, 1996. PRESENT: Chairman Terry O'Neil, Michael Brandt, Dan Schepp, James Ross, Heather Schuster and Henry Schneiker. ABSENT: Mr. Ed Herda Secretary reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Mr. Schneiker made a motion to approve the minutes of September 26, 1996. Mr. Brandt seconded. Upon voice vote, the minutes of September 26, 1996, were approved unanimously. Mr. Brandt made a motion to approve the minutes of October 24, 1996. Mr. Schepp seconded. Upon voice vote, the minutes of October 24, 1996, were approved unanimously. OLD BUSINESS Signing of decision letters from the October 24, 1996 meeting. Continued discussion over Appeal # 29-96 Mr. Schepp administered an oath to Mrs. Shirley Bartsch. Mr. Trejo updated the Board over the discussion of the previous meeting on October 24, 1996. Mrs. Bartsch presented an updated survey, as requested, of her property verifying that the home was within the 40 foot setback. Mrs. Bartsch requested to amend her variance from a 16 foot setback to a 31.9 foot setback. The hardship stated was that a one car garage was not sufficient for her needs and the living area behind the existing garage limited expansion to the rear of the lot. The Board received a copy of Appeal #73-109, a previous variance granted to build a one car garage and addition to the dwelling providing that the new garage would stay even with the existing garage. NEW BUSINESS Appeal #35-96 Victor and Joanne Murn,S76 W18202 Janesville Road, Muskego, WI 53150 Petitioner is requesting under the direction of Section 3.08 (1) Appeal Provisions, two (2) variances: 1. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (4) General Requirements: Foundations and Footings. Said regulation requires an exterior wall curb not less than four (4) inches above the finished ground grade adjacent to the garage. Petitioner seeks not to provided exterior wall curb. 2. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (5) General Requirements: Floor Surface. Said regulation requires the floor surface of all private garages to be sloped toward the exterior garage door or opening. Petitioner seeks a flat slab not sloped toward opening. BOA 12/12/96 Page 2 Mr. Schepp administered an oath to Mr. Victor Murn and Attorney Donald Murn. Mr. Murn received Plan Commission approval for a 12' x 12' structure. The contractor failed to call in for a foundation and rough carpentry inspection. During the final inspection the building inspector noted that the slab did not have any curbs and the foundation did not recess towards the opening. Mr. Murn stated that confusion started on whether the building was a shed, as stated on the building inspection form, an accessory structure as defined by the Plan Commission, or a garage. He believed the slab could be constructed flat because he did not plan to have any vehicles or combustibles inside. Hardship stated would be tearing down the structure and rebuilding would be both counter productive and cost prohibitive. The construction is within the spirit of the ordinance. The intent was originally to have a storage shed, but practical difficulty also is the dam easement prohibits use of the back yard (the lake side). Attorney Murn stated the verbiage for shed, boathouse and garage as being too vague. Appeal # 36A-96 Chris Metcalf, W182 56578 Garnet Drive, Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks five (5) variances: Three addressing an accessory structure: 1. Chapter 17--Zonina Ordinance: Sections 5.03 (1) Height: Maximum Height Restricted. Said regulation restricts the height of an accessory structure to 15 feet. Petitioner seeks a six (6) foot height variance to permit an accessory structure with a 21 foot height. 2. Chapter 17--Zoning Ordinance: Sections 4.05 (2) CA Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of an accessory structure to 60% of the floor area of the principal building on the lot. Petitioner seeks a 173 square foot variance to permit a proposed 864 square foot accessory structure and an existing 120 square foot shed totalling 73% of the total floor area of the principal building on the lot. 3. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 144 square foot variance to permit construction of a 864 square foot accessory structure without a dividing fire wall. Two addressing a deck: 4. Chapter 17--Zoning Ordinance: Sections 9.04 (7) E, Lake Shore District Offset Requirements. Said regulation requires a 50 setback for any structure from the ordinary high water mark. Petitioner seeks a 34 foot variance from the ordinary high water mark to construct a deck 16 feet from the ordinary high water mark. 5. Chapter 14--Flood Plain Zoning Ordinance: Section 4.3 (a) Standards for Development in Flood Fringe Areas. Said section requires a 15 foot offset one foot above the regional flood elevation around residential uses. Petitioner seeks a zero (0) foot offset. BOA 12/12/96 Page 3 Mr. Schepp administered an oath to Mr. Chris Metcalf. Mr. Metcalf stated because of the flood plain zoning, he is not allowed to attach a garage to his residence. Mr. Metcalf stated he is in need of extra storage, and would agree to tear down an old metal shed if he was allowed to build 21' high garage. The extra height would allow for additional storage space above the car parking area. The deck would provide a safe exit from the kitchen for his family and the enjoyment of his property. The flood plain zoning ordinance would permit a detached deck of the same size, but because it is proposed to be attached to the home, it is restricted. The deck is not proposed as livable space, but as outdoor space. The intent of the flood plain ordinance is still upheld whether the deck is attached or detached. The location of the home really gives him no opportunity to be legally conforming. Appeal # 36B-96 Gary and Kim Lederhaus, S79 W15445 Foxboro Place Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Appealing an administrative decision regarding a 10 foot offset from any wetland boundary. Petitioner seeks a zero (0) offset for an attached deck. Mr. Schepp administered an oath to Gary and Kim Lederhaus. Mr. Trejo explained to the Board that both the building and planning departments have traditionally requested a ten foot offset from a wetland boundary. This has been requested for the protection of the wetland for both filter and permeable space before runoff enters a wetland and for the access of mechanical equipment during and after construction of a new residence. Mr. Lederhaus questioned the definitions of wetland boundary. He stated the trees would not be removed to make room for the deck they propose to build in the conservancy area. The property does not lend itself to reconfigure the proposed dwelling to allow room for the deck. Mr. Lederhaus also mentioned that there is no mention of an offset to a wetland boundary in the City's Zoning Ordinance. Mr. Trejo explained to the Board that one is not listed, but the Planning Department has been working on one. Mr. Schepp also administered an oath to Ron and Erika Derbyshire and Michael Spottek, neighbors on both sides of this property. Mrs. Derbyshire does not wart the variance granted. Mr. Spottek is just observing the procedure. Appeal # 37-96 Kevin J. and Cynthia L. Ryan, W163 S7984 Bay Lane Place Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure 10 feet from the eastern property line. Petitioner seeks a 5.5 foot offset variance to build an attached garage 4.5 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 5.07 (1) Open Space: Minimum Required. Said regulation requires 2/3 of the lot area to BOA 12/12/96 Page 4 remain as open space. Petitioner seeks a 4% variance to build an attached garage which would total lot coverage of 37%. Mr. Schepp administered an oath to Mr. Kevin Ryan and his contractor Mr. Tim Lang. Mr. Ryan purchased this property in October, he needs additional storage space; there is no attic, the family room is located in the basement. Mr. Lang stated there are existing garages on this street that are further out than what is being proposed. Appeal # 38-96 Glen A. Schopf, S91 W13775 Boxhorn Drive (vacant lot), SW 1/4 Section 24, Tax Key No. 2255.992, Muskego, WI 53150. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 6.04 (4) G.2.a Off -Street Parking, General Requirements, Parking of Trucks, Trailers, and Equipment. Said regulation restricts the parking of no more that one commercial vehicle. Petitioner seeks to park two (2) commercial vehicles. 2. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 780 square foot variance to permit construction of a proposed 1,500 square foot accessory structure without a dividing fire wall. Mr. Schepp administered an oath to Mr. Schopf. Mr. Trejo explained to the Board that Mr. Shopf has been working with the Planning Department to legally park two 1/2 ton commercial vans. The ordinance currently permits the parking of one commercial vehicle and requires Plan Commission approval for two. The Plan Commission reviewed Mr. Shopf's request, but could not make a decision on the matter due to the area not being predominately underdeveloped. The Planning Department recommended that Mr. Shopf seek a variance from the Board of Apeals under the consent of the Plan Commission. Mr. Schopf stated Plan Commission is not oppose to his desire to have two commercial vehicles in his garage, however, the ordinance calls for only one. Mr. Schopf did not conform to the 800 foot residence requirement, therefore, he is requesting a variance. The firewall would prohibit driving his vehicles through the garage, thus loosing space inside the garage. Both vehicles are white vans with a logo painted on the side. The Board of Appeals took a five minute break. DELIBERATION: APPEAL #29-96 Mr. Dan Schepp made a motion to deny the variance due to lack of hardship, that the request was not in the spirit of the code, would not conform to the character of the neighborhood, and that a 1973 variance specifically stated the front of the new garage was to stay even with the existing one. Mr. Brandt BOA 12/12/96 Page 5 seconded. Upon a roll call vote, the motion to deny was approved unanimously. APPEAL #35-96 Mr. Brandt made a motion to grant the variance for no 4 inch perimeter curb and lack of a slope due to the fact the Plan Commission approved a 12' x 12' accessory structure and the permit request listed it as a shed. The structure is too small to allow a car inside, the City has forced the location of this structure due to the dam easement, the definition for a garage is too vague, and use of the shed is within the intent and spirit of the code. Ms. Heather Schuster seconded. Upon roll call vote, the motion to grant variance as submitted was granted 5-1. Mr. Schepp voting no. APPEAL #36A-96 Mr. Schneiker requested the Board deal with the garage and deck variances separately. Mr. Schneiker made a motion to approve a six foot height variance, due to lack of storage and the building restrictions that have been placed on the lot due to the flood plain ordinance; however, Mr. Schneiker required that the garage size be reduced to conform with the ordinance and the two existing shed be removed. The firewall variance was denied due to the lack of hardship, since several alternatives existed in the placement of the wall that would still allow for full use of the garage space. Ms. Schuster seconded. Upon roll call vote, the motion was approved unanimously. Mr. Schneiker made a motion to deny variance for the deck due to a lack of hardship, stating that other alternatives existed in terms of the enjoyment of the property and the deck could be either detached or patio like. Ms. Schuster seconded. Upon roll call vote, motion to deny failed 2-4, Mr. Brandt, O'Neil, Schepp, and Ross voted no. Mr. Ross made a motion to approve deck and amend the request for a 10' deck extension on the eastside and 12' on southside. Hardship being existing dwelling location, the request would not be contrary to the spirit of the code nor contrary to the character of the neighborhood. Mr. Brandt seconded. Upon roll call vote, motion to approve failed 3-2. Mr. Schneiker and Ms. Schuster voting no. Due to the margin of the vote, Mr. Ross did not participate in the voting procedure due to his status as an alternate member only. Mr. O'Neil made a motion to accept the appeal as submitted, hardship being irregular lot size, the existng location on the lot, the variance would not be adverse to public safety, and allow for better controlled area outside home for small children. Ms. Schuster seconded. Upon roll call vote, motion was approved 4-1. Ms. Schuster voting no. Due to the margin of the vote, Mr. Ross did not participate in the voting procedure due to his status as an alternate member only. APPEAL #36B-96 Mr. Brandt made a motion to approve the variance as requested. The hardship being that the City has no clear or written call for an offset delineation, the deck doesn't encroach into the wetland, and the portion of the home in the offset area, BOA 12/12/96 Page 6 is a deck, not an enclosed structure. Mr Scneiker seconded. Upon a roll call vote, the motion was approved 5-1, Mr. Schepp voting no. APPEAL #37-96 Mr. Brandt made a motion to approve the variance as requested. The hardship being the lack of storage, the compactness of the lot, and that the request was within the spirit of the code and would not be contrary to the character of the neighborhood. Ms. Schuester seconded. Upon a roll call vote the motion to approved failed 2-3, Mr. Schneiker, Schepp and Ms. Schuester voting no. Due to the margin of the vote, Mr. Ross did not participate in the voting procedure due to his status as an alternate member only. APPEAL #38-96 Mr. Schepp made a motion to approve the variance as submitted. Hardship being Mr. Schopf's business was displaced due to Highway 36 project, Plan Commission granting approval for the business location and that the request was not contrary to the spirit of the code and the overall character of the area would not adversely change with the parking of two vans. Ms. Schuster seconded. Upon roll call vote, motion was approved unanimously. MISCELLANEOUS BUSINESS: Review of Zoning Appeals/Adjustments Workshop, no report, no one in attendance. ADJOURNMENT: Mr. Schepp made a motion to adjourn at 1:15 A.M. Mr. Brandt seconded. Upon voice vote and with no further business to come before this board, the meeting was adjourned. Respectfully submitted, Susan J. Schroeder Recording Secretary AGENDA CITY OF MUSKEGO NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing will be held in the Wisconsin Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, December 12, 1996, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: 1. CALL TO ORDER 2. ROLL CALL 3. STATEMENT OF PUBLIC NOTICE 4. APPROVAL OF MINUTES OF THE OCTOBER 26, 1996 MEETING 5. OLD BUSINESS 1. Signing of decision letters from the October 24, 1996 meeting. 2. Continued discussion over Appeal # 29-96 6. NEW BUSINESS Appeal #35-96 Victor and Joanne Murn S76 W18202 Janesville Road Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (4) General Requirements: Foundations and Footings. Said regulation requires an exterior wall curb not less than four (4) inches above the finished ground grade adjacent to the garage. Petitioner seeks not to provided exterior wall curb. 2. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (5) General Requirements: Floor Surface. Said regulation requires the floor surface of all private garages to be sloped toward the exterior garage door or opening. Petitioner seeks a flat slab not sloped toward opening. Zoned: RS-3/OLS, 15,000 S.F. Suburban Residence District in a Lake Shore Overlay BOA 12/12/96 Page 2 Appeal # 36-96 Chris Metcalf W182 S6578 Garnet Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks five (5) variances: Three addressing an accessory structure: 1. Chapter 17--Zoning Ordinance: Sections 5.03 (1) Height: Maximum Height Restricted. Said regulation restricts the height of an accessory structure to 15 feet. Petitioner seeks a six (6) foot height variance to permit an accessory structure with a 21 foot height. 2. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of an accessory structure to 60% of the floor area of the principal building on the lot. Petitioner seeks a 173 square foot variance to permit a proposed 864 square foot accessory structure and an existing 120 square foot shed totalling 73% of the total floor area of the principal building on the lot. 3. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 144 square foot variance to permit construction of a 864 square foot accessory structure without a dividing fire wall. Two addressing a deck: 4. Chapter 17--Zoning Ordinance: Sections 9.04 (7) E, Lake Shore District Offset Reqirements. Said regulation requires a 50 setback for any structure from the ordinary high water mark. Petitioner seeks a 34 foot variance from the ordinary high water mark to construct a deck 16 feet from the ordinary high water mark. 5. Chapter 14--Flood Plain Zoning Ordinance: Section 4.3 (a) Standards for Development in Flood Fringe Areas. Said section requires a 15 foot offset one foot above the regional flood elevation around residential uses. Petitioner seeks a zero (0) foot offset. Zoning: RS-3/OLS, 10,000 S.F. Suburban Residence in a Lake Shore District. BOA 12/12/96 Page 3 Appeal # 36-96 Gary and Kim Lederhaus S79 W15445 Foxboro Place Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Appealing an administrative decision regarding a 10 foot offset from any wetland boundary. Petitioner seeks a zero (0) offset for an attached deck. Zoning: RS-2, 20,000 S.F. Suburban Residence District. Appeal # 37-96 Kevin J. and Cynthia L. Ryan W163 57984 Bay Lane Place Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure 10 feet from the eastern property line. Petitioner seeks a 5.5 foot offset variance to build an attached garage 4.5 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 5.07 (1) Open Space: Minimum Required. Said regulation requires 2/3 of the lot area to remain as open space. Petitioner seeks a 4% variance to build an attached garage which would total lot coverage of 37%. Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence District in a Lake Shore District. Appeal # 38-96 Glen A. Schopf S91 W13775 Boxhorn SW 1/4 Section 24, Muskego, WI 53150 Drive (vacant lot) Tax Key No. 2255.992 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 6.04 (4) G.2.a Off -Street Parking, General Requirements, Parking of Trucks, Trailers, and Equipment. Said regulation restricts the parking of no more that one commercial vehicle. Petitioner seeks to park two (2) commercial vehicles. BOA 12/12/96 Page 4 2. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 780 square foot variance to permit construction of a proposed 1,500 square foot accessory structure without a dividing fire wall. Zoned: R-2, 60,000 S.F. Country Home District. 7. Miscellaneous Business. Review of Zoning Appeals/Adjustments Workshop 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 Terry O'Neil, Chairman Dated this 27th day of November, 1996 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 K. Marenda, City Clerk, at Muskego City Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. CITY OF MUSKEGO BOARD OF APPEALS DATE DECEMBER 12, 1996 APPEAL #36A-96 NAME CHRIS METCALF ADDRESS W182 56578 GARNET DRIVE MUSKEGO, WI 53150 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W182 S6578 GARNET DRIVE Appeal #36A-96 Requesting under the direction of Section 3.08 (1) Appeal Provisions, five (5) variances: Three addressing an accessory structure: 1. Chapter 17--Zoning Ordinance: Sections 5.03 (1) Height: Maximum Height Restricted. Said regulation restricts the height of an accessory structure to 15 feet. Petitioner seeks a six (6) foot height variance to permit an accessory structure with a 21 foot height. 2. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation limits the size of an accessory structure to 60% of the floor area of the principal building on the lot. Petitioner seeks a 173 square foot variance to permit a proposed 864 square foot accessory structure and an existing 120 square foot shed totalling 73% of the total floor area of the principal building on the lot. 3. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed accessory structures at 720 square feet. Petitioner seeks a 144 square foot variance to permit construction of a 864 square foot accessory structure without a dividing fire wall. Two addressing a deck: 4. Chapter 17--Zoning Ordinance: Sections 9.04 (7) E, Lake Shore District Offset Reqirements. Said regulation requires a 50 setback for any structure from the ordinary high water mark. Petitioner seeks a 34 foot variance from the ordinary high water mark to construct a deck 16 feet from the ordinary high water mark. 5. Chapter 14--Flood Plain Zoning Ordinance: Section 4.3 (a) Standards for Development in Flood Fringe Areas. Said section requires a 15 foot offset one foot above the regional flood elevation around residential uses. Petitioner seeks a zero (0) foot offset. City of Muskego Board of Appeals Application for Variance Applicant: Chris Metcalf Address: W.182 S.6578 Garnet Dr Phone: 679-9133 Property Zoning_ Key # Petitioner's relationship to property: Owner Fees: $125.00 Date inspector denied permit: Requesting variance to section: Ch 30.Sec 30.43 Parent 3, Parent C To allow: Detached garage without a firewall. A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: building constraints imposed due to flood plain zoning. (See application for variance to section 5.03) The variance, if granted, will not be contrary to the public interest and will be in accord with the sprit of the code because: It will be aesthetically pleasing, will not infringe on any setbacks or create any obstructions to neighbors. It will not be constructed as residential space. The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: It will be more structurally sound than the older existing structure. City of Muskego Board of Appeals Application for Variance Applicant: Chris Metcalf Address: W.182 5.6578 Garnet Dr Phone: 679-9133 Property Zoning Key # Petitioner's relationship to property: Owner Fees: $125.00 Date inspector denied permit: Requesting variance to section: 4.05 Parent 2.4 To allow: Detached garage with a square footage greater than 60 % of the sgare footage of the primary residence. A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: building constraints imposed due to flood plain zoning. (See application for variance to section 5.03) The variance, if granted, will not be contrary to the public interest and will be in accord with the sprit of the code because: It will be aesthetically pleasing, will not infringe on any setbacks or create any obstructions to neighbors. It will not be constructed as residential space. The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: It will be more structurally sound than the older existing structure. City of Muskego Board of Appeals Application for Variance Variance Applicant: Chris Metcalf Address: W.182 S.6578 Garnet Dr Phone: 679-9133 Property Zoning Key # Petitioner's relationship to property: Owner Fees: $125.00 Date inspector denied permit: Requesting variance to section: 5.03 To allow: Detached garage with a roof height greater than 15'. -A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: building constraints imposed due to flood plain zoning. A conforming structure may not be attached to a non -conforming structure. This would be necessary in order to exceed the 15' height restriction imposed on detached garages. -The variance, if granted, will not be contrary to the public interest and will be in accord with the sprit of the code because: It will be aesthetically pleasing, will not infringe on any setbacks or create any obstructions to neighbors. It will not be constructed as residential space. -The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: It will be more structurally sound than the older existing structure. City of Muskego Board of Appeals Application for Variance Applicant: Chris Metcalf Address: W.182 S.6578 Garnet Dr Phone: 679-9133 Property Zoning Key # Petitioner's relationship to property: Owner Fees: $125.00 Date inspector denied permit: Requesting variance to section: _ To allow: a house deck built closer than the 50' setback from the water because the house is closer than 50'. A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: The house is to big to move. The variance, if granted, will not be contrary to the public interest and will be in accord with the sprit of the code because: It will not obstruct water flowage in the event of a 100 year flood. 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