Zoning Board of Appeals 38-1995-= CITY OF
i
RK;MUSKEG01'�
December 8, 1995
Ms. Deanna L. Luedke
W188 S6323 Gold Drive
Muskego, WI 53150
RE: Board of Appeals
Dear Ms. Luedke:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
This is to advise that the Board of Appeals at their meeting on
December 7, 1995, approve Appeal #38-95.
Please be advised building and zoning permits are required prior to
commencing building of the garage.
Sincerely,
Susan J. Schro der
Recording Secretary
W182 S8200 Racine Avenue • Box 903 0 Muskego, Wisconsin 53150-0903 - Fax (414) 679-5614
411 I yr 1' Uanr tzu
NOTICE OF PUBLIC HEARING
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 S8200 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 S10999 Racine Avenue
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. `\
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The petitioner 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 S6323 Gold Drive
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 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
'AP e 3 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--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.
Zoning: RS-1, 30,000 square foot Suburban Residence
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--ZoningOrdinance: 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 roll
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. Mr. 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,
C
Susan J. Schader
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name ti/y Ay ,q
Subject Property Address:,(,),
Te l ephone 2 L:2 2
Property Zoning
Key # 2 11 -? - q `1 -{
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $80.00
Date inspector denied permit:
Requesting variance to Section IS7.0_12 a
To allow:
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:
11
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