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Zoning Board of Appeals 39-1992CITY OF MUSKEGO BOARD OF APPEALS DATE '/ -) 4 a% iz NAME 197/ GN-CLL e ADDRESS S ?/ TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS 57� /,�/G� zY �!9/'�I✓��i �? G SUBDIVISION LOT BLOCK TYPE OF ZONING R S % U AIP- k A-0 VARIANCE REQUESTED: 676 j-1!/7�H 7.�'�`''� lfi�1_4/11 REASON FOR VARIANCE REQUEST: 2� P AccPs s, $35.00 FEE TO BE PAID AT TIME OF APPLICATION: DATE PAID /,)- Luc f z_ RECEIPT NO. , nFrTSTnN nF TRF RnAPn Or APPFeT C CHAIRT VICE-( MEMBEF MEMBEF MEMBEF FI RST SECOND Secretary A7 __Llf"s Date���� CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON AUGUST 27, 1992 Chairman Gerald Fohr called the meeting to order at 7:34 P.M. PRESENT: Chairman Gerald Fohr, Lloyd Erno, Thomas Berken, Robert Vitt, and Chuck Dykstra, Sr. ABSENT: Terry O'Neil (excused), Donald Pionek (excused), Darryl Rowinski MINUTES: Mr. Vitt made a motion to approve the minutes of the July 23, 1992 meeting, and Mr. Erno seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 34-92- Paul J. Ambrose, S71W17177 Hedgewood Drive, Muskego, Wisconsin appeared requesting a 7'5" offset variance from the south property line to construct a deck on the back of the house. The zoning is RS2. Chuck Dykstra stated the lot with RS2 zoning would normally require 15' and 20' offset which can be reduced slightly due to the non -conforming width of the property to 11'5" and 1514" requirements. The deck is going to be constructed within 414" of the lot line which calculates to the 715" variance. The adjacent lot is vacant. Paul Ambrose handed out sketches to the members on what the deck would look like. It would be one level to the top of the doorway and another level a step up. It would be about 15' from the back of the house and 1516" wide. It would be of green wood. Chairman Fohr inquired if it would be a single deck. Mr. Ambrose responded that the deck would be a two -level deck. No intention of closing it in. He owns the lot behind him. The dimensions of the lot, 851x158'. Treated lumber will be used for the deck, possibly cedar for the deck. APPEAL 35-92- Stan Zdanczewicz, W182S9292 Parker Drive, Muskego, Wisconsin is requesting to allow a deck rail height at 32". Zoning is A. Pictures were provided for the members to review. Chuck Dykstra stated the deck has been constructed with a guard rail at 32." Wisconsin Uniform Building Code calls for a 36" minimum guard rail height. At time of inspection of the deck, it was determined that the guard rail wasn't high enough and thus the need to get a variance as opposed to tearing the railing apart and raising it. There is someone who resides in the home and apparently while sitting in the wheelchair, the higher height would block their view from seeing out of the deck. Mr. Zdanczewicz concurred with what Chuck Dykstra stated. He did clarify that the person in the wheelchair does not reside permanently in the home, but frequently visits several days at time. The 36" rail would block her view. There are no minor children in the home. Chuck Dykstra informed the members that any deck that is over 24" above the ground requires a railing, in addition any deck Minutes, Board of Appeals, August 27, 1992 2 that is 3 risers high or 24" is required to have a railing and/or a hand rail. The Code doesn't specifically say why the 3610, possibly for children, also, the higher the railing, the less chance of falling over. The home is on a farm. 1�3 APPEAL 36-92 - Bruce A. and Mary Ellen Saniter, W136S7926 Bay Lane Place, Muskego, Wisconsin requesting 110" offset variance from the south property line to allow construction of a garage 419" from the south lot line and a 79 square foot size variance. It is zoned RS3-OED. Chuck Dykstra indicated several factors were involved. (1) the RS3 zoning calls for a 10' and 15' offset, the OED allows it to be reduced to 715" and 11.25. The lot is slightly non -conforming in width and so it gets an additional reduction to 5.6 and 8.44 offsets for the property. When the proposed garage gets placed, it will need a 1' offset from the south property line. Initially he felt the property may require a variance from the street, but after averaging in the dwelling from the north, it was not required. The home is 936 square feet, the 60% rule for outbuildings allows 562 square feet, the proposed garage is 640 square feet, which makes for the 78 square feet or 79 square feet variance. However, on inspection of the property, there is a storage shed that Mr. Dykstra was not aware of and calculating that into the outbuilding allowance, need to make an amendment and change the 79 square feet size variance to 198 square feet size variance. The outbuilding apparently appears to be 10' high as opposed to the required 91. They'll be back at a later date to get the shed issue resolved. Bruce Saniter provided the members with a diagram. The garage they would like is 32'x20' and the way the lot is situated, it is difficult to get anything in there wider than that. In the back, they have a well that is shared with the neighbor and also have the utilities that come in off the back of the house. Also, there is a creek in the back that interferes with putting the garage back farther. In regard to the other shed (101x201), he indicated that he is confused about permits due to mixed messages he had received on his inquiries, but will try and resolve the shed issue at a later time. His house has no basement and it was finished off when he purchased it. The utility room in the basement has water heater, furnace and water softener. No space to put a car or tools. Thus, the storage shed was put up two years ago. Chairman Fohr brought up the subject of the firewall variance. Chuck Dykstra stated the garage itself is not over 720 square feet so it doesn't need a firewall for square foot purposes, but within 10' of a home requires a firewall. They need a variance if they don't want to put one in. Mr. Saniter was aware it would have to be put in on the north wall of the garage. In regards to eliminating the shed, probably not, because his hobby is woodworking and there would not be space in the garage. Minutes, Board of Appeals, August 27, 1992 3 APPEAL 37-92 - Lynn Kurer, W131S6667 Kipling Drive, Muskego, Wisconsin requests for a 22' setback variance from Janesvile Road was deferred until next meeting at her request. Zone B-2. APPEAL 38-92 - Howard and Linda Stauss, S63W18438 Martin Drive, Muskego, Wisconsin, request a 3' offset variance from west property line to allow construction of an 18'6" wide addition to existing garage. Zone RS-2. Chuck Dykstra stated the RS2 zoning calls for 15' and 20' offset, 15' would be required on this particular side. The diagram shows the addition going at an angle to the lot line so the 3' is an estimate on his part, a little bit on the safe side because of the angles. The 1816" garage should get within the neighborhood of 14' or so, to the lot line and the 3' variance should cover it. Howard Stauss said they have three vehicles and a small wheel trailer they would like to have inside. Their proposal is designed so it would be aesthetic and not look like an addition, using the same siding to match the home. There is a blacktop surface already in place where they want to add on. Blacktop would be removed for footings and concrete. Their well is shared with the neighbor and the hill in the back of the lot makes it difficult to build back there. They need more storage space. There is in place a firewall and he is debating whether or not to remove it. Chuck Dykstra indicated the real concern was to make sure there was a firewall between the original garage and the home. APPEAL 39-92 - Patrick and Michelle Addis or H. & B Contractors, Inc., S71W16224 Janesville Road, Muskego, Wisconsin requesting a setback variance from Janesville Road for installation of a wheelchair ramp access to side of a non -conforming existing structure, not to be located closer than the front of the exisiting building. Zoning RS-A. Chuck Dykstra noted that Janesville Road is no where near the center of the right-of-way so it is difficult to determine where the 40' setback is required, about a 20' variance required. The structure is non -conforming due to the encroaching width of Janesville Road. There is a grant from Waukesha County for the construciton of the ramp. Art and John from the construction company stated the customer is paralyzed from the neck down and he needs to get out of his house and the company wants to put in a wheelchair ramp for him. Jim Syrinski from Independant Living in Waukesha sent them out to bid on the job and they were directed to get a permit. Jim Syrinski authorized the grant for the handicapped. Chuck Dykstra indicated the only thing on handicap ramps is the Wisconsin Commercial Building Code, nothing for private. The thickness of the surface would be reduced and he recommended they use the Code as a guide in construction. Need a wood platform to enable the handicapped person to go up the ramp as the drive is gravel. APPEAL 40-92 - John Matusinec, W187S6896 Gold Drive, Muskego, Wisconsin request a 2' height variance, a 413" offset variance to allow a garage 3' from the north property line, and a 46 Minutes, Board of Appeals, August 27, 1992 4 square foot size variance. Zoned RS3-OLS. Chuck Dykstra said the OLS zoning means lake shore property would qualify for a slight offset reduction and the non -conforming width of the lot gives an additional reduction. The offsets start at 10' and 15' and after all the reducing is done, roughly 5' and 7'7". The structure is being proposed close to the north property line enabling the owner to swing into the garage. They would like to match the existing structure roof pitch which is going to lead to the request for the height variance. Also, have a size variance on the square footage of the home and the 60% rule provides for it. John Matusinec provided sketches for the members and stated they are trying to match the house and the same pitch on the house. Because of the position of the house on the lot, they need a greater request for a variance. In regard to the size variance, they do have a shed on the property which they plan on removing once the garage is constructed. Also, they will be doing some landscaping to break up the line of the garage. APPEAL 34-92- Paul J. Ambrose, S71W17177 Hedgewood Drive, Muskego, Wisconsin. Mr. Robert Vitt moved to approve the appeal with the hardship being the location of the house on the lot. Mr. Thomas Berken seconded. Motion carried with all members present voting yes. APPEAL 35-92- Stan Zdanczewicz, W182S9292 Parker Drive, Muskego, Wisconsin. Mr. Lloyd Erno moved to approve as submitted. The hardship being design of the railing to accommodate the handicapped person that lives in the home occasionally has better visibility over the railing. Mr. Robert Vitt seconded. Motion carried, with all members present voting yes APPEAL 36-92 - Bruce A. and Mary Ellen Saniter, W136S7926 Bay Lane Place, Muskego, Wisconsin. Mr. Robert Vitt moved to approve, as amended to 198 square foot variance, to build a garage. The hardship being lack of basement prohibits storage space. Mr. Lloyd Erno seconded. Motion carried, with all members present voting yes. APPEAL 37-92 - Lynn Kurer, W131S6667 Kipling Drive, Muskego, Wisconsin. Chairman Fohr moved to defer until next month's meeting. Mr. Lloyd Erno seconded. Motion carried, with all members present voting yes APPEAL 38-92 - Howard and Linda Stauss, S63W18438 Martin Drive, Muskego, Wisconsin. Chairman Fohr moved to approve appeal as submitted and the hardship being the location of the present garage. Mr. Lloyd Erno seconded. Motion carried, with all members present voting yes. APPEAL 39-92 - Patrick and Michelle Addis or H. & B Contractors, Inc., S71W16224 Janesville Road, Muskego, Wisconsin. Mr. Tom Berken moved to approve as submitted. The Minutes, Board of Appeals, August 27, 1992 5 hardship being the handicap person needs a handicap access. Mr. Robert Vitt seconded. Motion carried, with all members present voting yes. APPEAL 40-92 - John Matusinec, W187S6896 Gold Drive, Muskego, Wisconsin. Mr. Robert Vitt moved to approve the appeal based on the fact of lack of storage space with the stipulation that the existing shed be removed from property within six months. Mr. Tom Berken seconded. Motion carried, with all members present voting yes. ADJOURNMENT There being no further business, Mr. Erno made a motion to adjourn and Mr. Berken seconded. Upon a voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 8:50 p.m. Respectfully submitted, Stella Dunahee, CPS Recording Secretary CITY OF MUSKEGO 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 58200 Racine Avenue, at 7:30 P.M., Thursday, August 27, 1992 to consider the following appeals: Appeal 34-92 Paul Ambrose S71 W17177 Hedgewood Drive Muskego, WI 53150 Requesting a 7' 5" offset variance to allow construction of deck 4' 4" from south property line. ZONING: RS-2 Appeal 35-92 Stanley Zdanczewicz W182 59292 Parker Drive Muskego, WI 53150 Requesting to allow deck rail height at 32" for handicapped individual. (36" minimum per code) ZONING: A Appeal 36-92 Bruce and Mary Ellen Saniter W163 57926 Bay Lane Place Muskego, WI 53150 Requesting a l' offset variance to construct a detached garage 4' 9" from south property line, as well as a 79 square foot size variance. ZONING: RS-3/OED Appeal 37-92 Lynn Kurer S67 W14831 Janesville Road Muskego, WI 53150 Requesting a 22' setback variance from Janesville Road to allow construction of an addition onto the southwest end of the existing structure. ZONING: B-2 Appeal 38-92 Howard and Linda Strauss S63 W18438 Martin Drive Muskego, WI 53150 Requesting a 3' offset variance from west property line to construct a 18' 6" addition to existing garage. ZONING: RS-2 Appeal 39-92 Patrick and Michelle Addis S71 W16224 Janesville Road Muskego, WI 53150 Requesting a setback variance from Janesville Road to allow a wheelchair ramp to be installed to the side of an existing nonconforming structure, not to be located closer than the front of existing porch. ZONING: RSA Appeal 40-92 John Matusinec W187 S6896 Gold Drive Muskego, WI 53150 Requesting a 2' height variance and a 4' 3" offset variance to allow a garage 3' from north property line, as well as a 46 square foot size variance ZONING: RS-3/OLS NOTICE OF CLOSED SESSION: PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego will 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 Gerald Fohr, Chairman Dated this 14th day of August, 1992