Zoning Board of Appeals 37-1996CITI OF
-�NIUSKEGO
s - ,
Decemember 18, 1996
Mr. and Mrs. Kevin Ryan
W163 S7984 Bay Lane Place
Muskego, WI 53150
Dear Mr. and Mrs. Ryan:
DEPARTMENT OF CITY PLANNNIING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that your request for a
variance to build an attached garage has been denied, due to the
lack of a hardship.
If you have any questions, please contact Carlos Trejo at 679-5674.
Sincerely,,
Susan J. Schroeder
Recording Secretay
W182 S'8200 Racine Avenue • Box 903 9 -'.ias:ie o, 4A'isconsin 53150-0903 + Fax (414) 6 7 9-5611
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 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) 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. S--hepp 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 want 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 58200 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 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 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 #37-96
NAME KEVIN J AND CYNTHIA L RYAN
ADDRESS W163 S7984 BAY LANE PLACE
MUSKEGO, WI 53150
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W163 S7984 BAY LANE PLACE
Appeal #37-96
Requesting under the direction of Section 3.08 (1) Appeal
Provisions, two (2) variances:
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%.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Namevsl�i P�1fl C1ND`C �Y1
Subject Property Address : W 1G3 Silt{ 9k LAd•1� PACE , Mt1S �-f�� 53150
Telephone 47-Z- <jeee
Property Zoning Q S- 3 Key
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
Date inspector denied permit:
Requesting variance to Section
i
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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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:
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