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Zoning Board of Appeals 37-1995MUSKEGO' DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 Mr. and Mrs. Dennis Wisniewski W198 510999 Racine Avenue Muskego, WI 53150 RE: Board of Appeals Dear Mr. and Mrs. Wisniewski: This is to advise that the Board of Appeals at their meeting on December 7, 1995, deferred Appeal #37-95. Please submit your new request prior to Wednesday, January 10, 1996. The Board of Appeals will be meeting on Thursday, January 25, 1996. Sincerely, Susan J. Schr eder Recording Secretary W182 58200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 9 Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON DECEMBER 7, 1995. Meeting called to order at 7:00 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Terry O'Neil, Mr. Michael Brandt, and Mr. Carlos Trejo. ABSENT: Mr. Dan Schepp and Mr. Ed Herda. MINUTES: Mr. Brandt made the motion to adopt the minutes from the October 26, 1995, meeting. Mr. Kerr seconded. Upon a voice vote the motion to adopt the minutes of the October 26, 1995, meeting passed unanimously. NEW BUSINESS Appeal # 37-95 Dennis E. & Mary Ann Wisniewski, W198 S10999 Racine Avenue, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. and Mrs. Wisniewski. Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.02 (2) B Building Location: Setbacks. Said section restricts the location of a structure to be no closer than 25 feet to the base setback line. The petitioner request an eight (8) foot variance to place a detached garage 17 feet from the base setback line. Mr. Trejo corrected the appeal to state that the Petitioner seeks a thirteen (13) foot variance to place a detached garage twelve (12) from the base setback line. The zoning was described as RS-2/OLS 13,400 square foot Suburban Residence. Mr. Schneiker administered an oath to Mr. Wisniewski , Mr. Arbanella (neighbor and builder) and neighbor Mr. Terrill. Mr. Wisniewski stated they currently have a one car attached garage they plan to convert into a bedroom and then build a 24' x 26' detached garage. Mr. Terrill was quite concerned about his view on Racine Avenue being blocked because of a new garage structure. He requested the garage be built closer to the south lot line. Mr. Arbanella stated the current attached garage has a crawl space. He was informed there was an 8' radius required away from the well location. The Board advised Mr. Arbanella that this is only true when there are drain tiles involved. The Board asked Mr. Wisniewski if he would be willing to move the garage location closer to the south property line and if Mr. Terrill would have any objections. Mr. Wisniewski agree, and Mr. Terrill said he would consider the proposal. Appeal # 38-95 Deanna L. Luedke, W188 S6323 Gold Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Ms. Luedke. Petitioner seeks relief from Chapter 17--Zoning Ordinance: Page 2 Board of Appeals, December 7, 1995 Sections 5.02 (2) B Building Location: Setbacks. Said section restricts the location of a structure to be no closer than 25 feet to the base setback line. The petitioner requests a four (4) foot variance to place a detached garage 21 feet from the base setback line. Mr. Trejo described the zoning as RS-3, 15,000 square foot Suburban Residence. Mr. Trejo informed the Board he had contacted the Department of Public Works to see if there was any concern over the location of the garage, there was none. Mr. Trejo also report that this property received a variance previously for an addition located closer to the base setback line (Appeal 14-90). Mr. Schneiker administered an oath to Ms. Luedke. Ms. Luedke stated this is the only location for a garage because the lot grade drops in the rear of the property. The garage will be built further back then the residence. There will be enough room in front of the garage and the street to park vehicles. Appeal # 39-95 Carl Dittloff, S68 W20710 Stonecrest Road, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. Dittloff. Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.03 (1) Height: Maximum Height Restricted. Said section restricts the height of an accessory structure to be no higher than 15 feet. The petitioner requests a five (5) foot variance to build a detached garage 20 feet in height. Mr. Trejo described the zoning as an RCE, 80,000 square foot Country Estate. Mr. Schneiker administered an oath to Mr. Dittloff. Mr. Pionek questioned the outbuildings on this property. Mr. Trejo stated Mr. Dittloff received approval from Plan Commission for second garage structure (P.C. #184-95) and will be applying again for one of the two outbuildings for second garage structure. Mr. Trejo explained he is within code. Mr. Dittloff stated the grade at this site makes it treacherous for his wife to drive down the driveway in winter and he plans on erecting a garage at the top of the driveway. This structure has an upper loft area for storage, thus causing the excess height. Mr. Dittloff stated his home currently lacks excess storage space due to the exposed attic conditions. DELIBERATION OF APPEALS APPEAL #37-95 Mr. Schneiker made a motion to defer the appeal as submitted to allow Mr. Wisniewski time to submit a new site plan for the garage structure and allow for his neighbor to the south to be notified about the changes. Mr. O'Neil seconded, upon roil call vote, motion to defer passed unanimously. Page 3 Board of Appeals, December 7, 1995 APPEAL #38-95 Mr. Brandt made a motion to grant the appeal as submitted. The hardship being topography of the parcel and the fact a previous variance had been granted for the existing nonconforming house and the location of the garage was being placed further back. Mr. O'Neil seconded. Upon a roll call vote, Appeal #38-95 passed unanimously. APPEAL #39-95 Mr. Kerr made a motion to grant the appeal as submitted. The hardship being grade at site and the need for storage. The Board feels the height will not obstruct the neighbors and respects the Plan Commissions' decision that the architecture character of the garage compliments that of the house and the surrounding community. Mr. Brandt seconded. Upon a roll call vote, Mr. Schnieker vote nay, all others voted yes; Appeal #39-95 passed. Mr. O'Neil was excused by Chairman Pionek while deliberation of his appeal was taking place. Appeal # 32-95 Terrence P. O'Neil, W183 S6532 Jewel Crest Drive, Muskego, Wisconsin. Mr. Schneiker made a motion to grant the appeal as submitted. The hardship cited was lack of storage, the pre-existing location of the home, the narrow conditions of the lake lots, the garage is within the spirit of the code and within the character of the community and neighborhood, the vaiance would not jeopardize the public's general safety and welfare, and past precedence of approval of similar garages. Mr. Kerr seconded. Upon a roll call vote, Appeal #32-95 passed unanimously. Mr. O'Neil resumed his seat at the board table. MISCELLANEOUS BUSINESS Discussion ensued over the amount of the appeals submitted for 1995. Mx. Trejo presented the Board a tally on the total number of appeals and their type from 1991 to 1995. Discussion ensued over the proposed meeting with the Plan Commission and Common Council on December 12, 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 10:15PM. Respectfully submitted, Susan J. Sch eder Recording Secretary l.l'1'x V,C lYlll�i��liV NOTICE OF PUBLIC HEARING �(0 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 7, 1995, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: Appeal # 37-95 Dennis E. & Mary Ann Wisniewski W198 510999 Racine Avenue \1� 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 (2) B Building Location: Setbacks. Said section restricts the location of a structure to be no closer than 25 feet to the base setback line. The petitioner r l P requests an eight (8) foot variance to place a detached garage 17 feet from the base setback line. Zoning: RS-2/OLS, 13,400 square foot Lake Shore Suburban Residence Appeal # 38-95 Deanna L. Luedke W188 56323 Gold Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoninq Ordinance: Sections 5.02 (2) B. Building Location: Setbacks. Said section restricts the location of a structure to be no closer than 25 feet to the base setback line. The petitioner requests a four (4) foot variance to place a detached garage 21 feet from the base setback line. Zoning: RS-3, 15,000 square foot Suburban Residence -Appeal # 39-95 Carl Dittloff S68 W20710 Stonecrest Road Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--ZoningOrdinance: Sections 5.03 (1) Height: Maximum Height Restricted. Said section restricts the height of an accessory structure to be no higher than 15 feet. The petitioner requests a five (5) foot variance to build a detached garage 20 feet in height. Zoning: RS-1, 30,000 square foot Suburban Residence G CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name_ De nni 5 VU l51'1 12�5 l Subject Property Address: Wlq$ 5lOct9q AVevnLte- Telephone $q S — 3 3 -).'-i Property Zoning_ RS -_C)t- S Key # a c�_ S Q9 �-- Petitioner's relationship to property (circle applicable): owner lessee other Fees: $80.00 Date inspector denied permit: Requesting variance to Section 50(�_ C To allow: C0n5VY-u,ck+0►1 0-1� de. acy\ed g0.Y'CL4 vL'ak-k-- off- w 2- 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: Ad' acer, -ro ,- 4-o Sekt;,N Ina s e.iis�tn 9YMV_,v a-a.-o..O. a � t t � ce -�c � ,..•, vro a.d � � ah-�' - p � - � � . The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: �\ e. a o_+r0.a P t., l l �o e_ c_Dn V t5to,n kk-^e.5 0 it -} Y-O V� kcr . Y Pc4r of SURVEY ►RVFX FOR: Dave Love CATION: W198 S10999 Racine Ave. rG' :SCRIPTION: PARCEL 2 CERTIFIED SURVEY MAP NO. 5390 , of a part of the S.E. 1/4 of the S.W. 1/4 of Section 32, Town 5 North, Rang�East, in the City of Muskego, Waukesha County, Wisconsin. 0 J r rest♦ f 172. 00 / OWELtrc/ �b,� �s•i i I ^/ 373 X�srr ,5 T. %41r,VV/eZ rRFE - L / 172�_ sTAy- 40 10.;P � ?8` lk-,Srhbe r �r HJM ROW - - / I ° ToSe-d /1/oTc ryF /ao Yt .o a �"caoo EGA✓. 4AKC- 4E NPON �'4J !d EE/V E'Srac.4/JME,:;, RT 76/.7- 7-Alt Ali A//4"r L,. 3.,SE �E NT c: /ry 67r M tei le C G O "Lvr B cL e 1J rv,. �✓ r_c. 7B3.2a J3 5or - 'r., f ° a It Q^ ti/NLf P a0 by a 7a7.f / o � L On l e 3' s� rfr ck � V ° �1 t� Sw'r[Y In ere �Skoov� `I. 1 16, ra/e- Y T,tbw,t' �spN/r.4 Xy S7�.0 1 /12. a lAf /.✓L IF �.i 0d" dC . Td 7,0L 11 /e "mac 0l rr&'A State of Wisconsin) Milwaukee County)" we,. Interline Surveying Services, Inc„ certify that we have surveyed the above described property and the above man is a true representation thereof, and shows the size and location of the property, its exterior boundaries, the location and dimensions of all visi-ble structures thereon, fences, apparent easements and roadways and visible encroachments, if any. This survey is made for the exclusive use of th guarantee the title thereto, within one (1) yep, SURVEY CERTIFICATE present owners of the Property, and also those who purchase, mortgage, or from date hereof,' Mnr �F ! f 3 �`o..•� `SC a Iys ���•% GARY J. SMITH 2195 MILWAUKEE, �9 WI OQ`` SUR ,�.. • • ' INTERLINE SURVEY SERVICES, INC. 11221 W. FOREST HOME AVE HALES CORNERS. WISCONSIN 53130 1�1 PHONE 425-2060 FOR ZONING'RES JJo.B IV" Z 3 sus ui AID 4�i9 %'ACAvF j..3 Z T 4. �e, Zo F ��rr•,11t1,v �t,'rtc.'r�Csy� CNT�+. r /r s I S' cc. 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