ZBA-Minutes 38-1991CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON DECEMBER 5, 1991.
Chairman Gerald Fohr called the meeting to order at 7:35 P.M.
PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil, Lloyd
Erno, Donald Pionek, Darryl Rowinski, Robert Vitt, and Chuck
Dykstra.
ABSENT: Thomas Berken.
MINUTES: Mr. Pionek made a motion to approve the minutes of the
October 24, 1991 meeting and Mr. Erno seconded. Upon a voice
vote, the motion to adopt the minutes passed unanimously.
APPEAL 36-91 - Mike Kempen, W143 56785 Tess Corners Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Kempen
requesting a 10' height variance for a second garage structure.
Zoning: RS-3. Mr. Dykstra stated that Mr. Kempen had previously
appeared before the Board requesting a size variance for the
second garage structure. In August, the Board granted him a 57
square foot size variance. He received approval from the Plan
Commission for the second garage structure. Mr. Dykstra stated
that 15' is the height maximum allowed for this type of structure
He noted a reference to the 15' height restriction in the Plan
Commission minutes. In reviewing the plans for Mr. Kempen's
structure, however, Mr. Dykstra noted there was to be a loft in
the garage which would require the roof peak to exceed the 15'
height. The permit was issued with the contingency that the
height could not exceed 15'. It was noted that the height of the
walls would remain the same. The pitch of the roof would be
steeper with the total height of the structure to be 25'.
Mr. Kempen appeared before the Board and stated that he desires to
build the second garage structure with the loft for the storage of
plows, small tools, and other equipment.
APPEAL 37-91 - Bernard and Teri Evans, S69 W13830 Tess
Corners Drive, Muskego, Wisconsin. Chairman Fohr noted that since
neither Mr. or Mrs. Evans were present, the Board would come back
to this appeal and continue with the next appeal.
APPEAL 38-91 - Lee Elger, S79 W18937 Janesville Road,
Muskego, Wisconsin. Chairman Fohr read the appeal for Dr. Elger
requesting 116 square foot variance for allowable outbuildings.
Zoning RS-2 OOS. Mr. Dykstra explained how the allowable square
footage for outbuildings is determined based on the size of the
lot. Dr. Elger has a second garage structure and a small shed on
the property already. He presently has 80 square feet remaining
which could be applied for additional outbuildings. The 14' x 14'
hot tub enclosure was constructed without a building permit. The
square footage for this structure would require a 116 square
foot size variance after utilizing the 80 square.feet that remain.
Minutes of Board of Appeals
December 5, 1991 Meeting
Page 2
Dr. Elger appeared before the Board. He stated he did not realize
that this type of structure required a permit. He did hire an
electrician to perform the electrical work, and an electrical
permit was taken out by the contractor. Dr. Elger stated that the
hot tub is only 6' x 6' in size. He needs the enclosure to be as
large as it is because the electrical code requires distance from
the water to any source of electricity. Mr. Dykstra noted to the
Board that if Dr. Elger could have built the enclosure to the size
of the hot tub, he would have been within
the remaining 80 square feet allowed for outbuildings.
APPEAL 37-91 - Bernard and Teri Evans, S69 W13830 Tess
Corners Drive, Muskego, Wisconsin. Chairman Fohr read the appeal
for Mr. and Mrs. Evans requesting a 7' height variance for a
detached garage. Zoning: RS-2. Mr. and Mrs. Evans were not
present. Director Dykstra stated that in August the Board granted
the appellants a 1,371 square foot size variance for a detached
garage. The 15' height limit applies to this structure. Mr.
Dykstra did not notice the height of the building which is to be
22' when he originally reviewed the plans.
The Board remained in Open Session.
APPEAL 36-91 - Mike Kempen, W143 S6785 Tess Corners Drive.
The appeal was discussed by members of the board. Mr. Dykstra did
state that a complaint was received about the activity at this
site. Mr. Erno made a motion to grant the variance as requested.
The hardship being lack of storage space. Mr. O'Neil seconded.
Upon a roll call vote, the motion to grant the 10' height variance
passed unanimously. I .
APPEAL 37-91 - Bernard and Teri Evans S69 W13830
Corners Drive.
requested. The
seconded. Upon
height variance
Mr. O'Neil made a motion to grant the
hardship being lack of storage space.
a roll call vote, the motion to grant
passed unanimously.
Tess
variance as
Mr. Erno
the 7'
APPEAL 38-91 - Lee Elger, S79 W18937 Janesville Road.
Mr. Rowinski made a motion to grant the variance as requested.
The hardship being meeting the electrical code for the structure
which requires a specific distance from the water to any
electrical switch. Mr. Pionek seconded. Upon a roll call vote,
the motion to grant the 116 square foot variance passed
unanimously.
Minutes of Board of Appeals
December 5, 1991 Meeting
Page 3
ADJOURNMENT:
There being no further business, Mr. Rowinski made a motion to
adjourn and Mr. O'Neil seconded. Upon a voice vote, the motion to
adjourn passed unanimously. The meeting was adjourned at 8:30 P.M.
Respectfully submitted,
Jill Blenski
Recording Secretary
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BLILDIN E - .P; A/ -;*'\'-
November 14, 1991
Dr. Lee Elger
S79 W18937 Janesville Road
Muskego, WI 53150
Dear Dr. Elger:
After reviewing the information you brought in on the 13th of
November regarding the size of your existing home, I find that the
hot tub building exceeds the allowable square footage for
outbuildings. As you recall, the permit was issued only with the
understanding that no variance would be required for the hot tub
building. I withheld the permit for the existing storage shed
because I felt that a variance would be required for the shed.
With the new home area information now submitted, I find that the
hot tub structure also requires a variance. Therefore, by this
letter, I am revoking the permit issued for the 14 x 14 hot tub
building, permit #1511, per 30.05 (7)(A) 2, 3 on the grounds that
it was obviously not my intent to issue this permit if a variance
was to be required.
I will, however, upon a decision of the Board of Appeals to grant
a variance, reissue a permit for this building without any further
cost to you. Two appeals will have to be filed by you at the
Building Inspection Department for both the hot tub building and
the storage shed. You will need to show the actual size and
location of both the hot tub building and the storage shed on a
plat of this property.
You must come into the
before November 19 to
any further questions,
Inspection Department.
Very truly yours,
CHUCK DYKSTRA, SR.
Director
Building Inspection Department on or
get on the Board of Appeals agenda. For
feel free to contact me at the Building
Thank you for your cooperation.
CD:jmb
cc: Mayor Wayne Salentine
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CD jiCOVetq CDags CHILD CARE CENTER
S79 W18905 Janesville Road
Muskego, Wisconsin 53150
(414) 679-9100
November 12,1991
To Whom It May Concern,
Our neighbors, Lee and Carol Elgar, residing at S79 W18937
Janesville Road installed a whirlpool and enclosed it in a
gazebo style stucture early this fall. We at Discovery Days
Child Care Center, located adjacent to the Elgar's property,
do not find this structure to be in any way objectionable
to our view or feel that it in any way depreciates the value
of our property. We feel the structure to be well placed and
tastefully constructed.
Sincerely, _
oan Hohnstein
Property Owner
Robin A. Kuz 'c
Property Owner
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