Zoning Board of Appeals 50-1992CITY OF MUSKEGO
BOARD OF APPEALS
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APPEAL 50-92
Duane & Nannette Cherek
S75 W17960 Janesville Rd.
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Muskego, WI 53150
Requesting a 3'8" offset variance from
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requirement of 6'8" to allow single family
accessory structure for full-time employee,
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with garage to be constructed 310" from south
property line
and
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A 15'-0" height variance from requirement of
1510" to allow a maximum height of 3010" from
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ground to ridge for a single family with garage
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accessory structure
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REASON: Offset variance to allow structure's
44�back
wall to double as a retaining wall for
$3
berm around fire department and height variance
to allow living quarters above a garage
ZONING: RS3-B2-OPD-OLS
DFCTSTnN OF TRF
ROARn OF APPFAT_S
CHAIR?
VICE-(
MEMBEF
MEMBEF
MEMBEF
FIRST
SECOND
Secretary
Date
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD APPEALS MEETING HELD ON DECEMBER 3, 1992.
Chairman Gerald Fohr called the meeting to order at 7:30 p.m.
PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil,
Mr. Thomas Berken, Mr. Donald Pionek,
Mr. Darryl Rowinski, Mr. Robert Vitt, and
Mr. Chuck Dykstra, Sr.
ABSENT: Mr. Lloyd Erno
MINUTES: Mr. Berken made a motion to approve the minutes of the
October 22, 1992 meeting, and Mr. O'Neil seconded. Upon a voice
vote, the motion to adopt the minutes passed unanimously.
APPEAL #44-92 - Wilfred & Mary I. Vidal, S68 W18126 Island Dr.,
Muskego, Wisconsin, appeared requesting a 314" variance from the
offset requirement of 10 feet to allow corner of addition to extend
3'4" into required offset area, for a remodeling/addition project.
Mr. Vidal presented a letter from his neighbor stating they had no
objection to this project. A letter was received by Mr. Dykstra
from another neighbor asking for a denial of this variance.
Zoning: RS3-OLS.
APPEAL #45-92 - Gilbert M. Spieler, W180 S6651 Muskego Dr.,
Muskego, Wisconsin, is requesting a variance to allow a wood
pile within the offset area. Zoning: RS3-OLS. Mr. Dykstra
stated offsets & setbacks are not to be used for woodpiles,
refuse, storage, display, etc. Mr. Spieler was unable to attend
this meeting as he is in the hospital.
APPEAL #46-92 - Tom Nelson, S67 W14546 Gaulke Ct., Muskego,
Wisconsin, is requesting a 910" variance from the offset
requirement of 15' to allow storage structure to extend 910" into
required offset area and a 110" height variance to the 15'
requirement to allow a 16' height. Mr. Nelson did not appear at
this meeting and did not come up with a hardship. Storage shed
would butt up to Tess Corners Fire Dept. fence. Zoning: RS3.
APPEAL #47-92 - Walter A. Machulak/Petroviak, W124 S10077
S. 124th St., Muskego, Wisconsin, appeared requesting a 17 ft.
setback variance from requirement of 75 ft. to allow existing
nonconforming structure to be remodeled over 50%. Zoning: A.
This home is on 135 acres; the barn is already located in the
offset area. Mr. Machulak stated this home is 100 years old and
they intend to bring building up to code. He has already
proceeded work on this project as the Building Department was not
immediately aware of the locational nonconformaty of this building.
APPEAL #48-92 - Eric Holt, W179 56941 Elm Dr., Muskego,
Wisconsin, appeared requesting a 3'7" offset variance to
Board of Appeals
Page 2
December 3, 1992
requirement of 11'3" to allow an addition to existing dwelling -
7'8" from rear or N.W. lot line and a 1'9" offset variance to
requirement of 11'3" to allow an addition to existing dwelling
10'6" from S.W. lot line. Mr. Holt stated his neighbors had no
problems with this addition and he needed the extra room for an
expanding family.
APPEAL #49-92 - John & Judith Gardetto, S75 W17890 Janesville
Rd., Muskego, Wisconsin, appeared requesting a 6'0" height
variance from requirement of 1510" to allow a maximum height of
22'0" from ground to ridge for new second garage structure and a
600 sq. ft. size variance from W.U.B.C. #30.43(3)(c) requirement,
which limits wood sq. ft. second garage structure to be
constructed without providing a firewall. Mr. Dykstra stated the
RS3/B2/OPD/OLS zoning for this property is unique, and that an
accessory building can be built up to 60% of the main structure
size, however the square footage doesn't meet with the W.U.B.C.
requirements for maximum size. This structure will be used to
store 2 boats, 2 autos, tractor, etc.
APPEAL #50-92 - Duane & Nanette Cherek, S75 W17960 Janesville
Rd., Muskego, Wisconsin, appeared requesting a 3'8" offset
variance from requirement of 618" to allow single family accessory
structure for full-time employee, with garage to be constructed
3'0" from south property line and a 15'0" height variance from
requirement of 15'0" to allow a maximum height of 30'0" from
ground to ridge for a single family with garage accessory
structure. Mr. Dykstra stated that this property is zoned the
same as Mr. Gardetto's and that a second dwelling is allowable on
a parcel if it is occupied by a full-time employee, such as a
caretaker or farmhand under residential zoning.
APPEAL #51-92- Larry Sutton, W187 S6974 Gold Dr., Muskego,
Wisconsin, appeared requesting an 8" offset variance to
requirement of 510" to allow an expansion of an existing dwelling
4'4" from north lot line. Mr. Sutton is planning on extending the
exterior wall of his home straight up. Mr. Dykstra informed the
Board that the existing building is already 8" into the offset
area. Zoning RS3-OLS.
APPEAL #52-92 - John Ingersoll, Jr., S76 W18004 Janesville Rd.,
Muskego, Wisconsin, appeared requesting a 318" variance from
requirement of 618" to allow a second garage structure to be
constructed 310" from east property line adjacent to Fire
Department parking lot and a 13'0" height variance from
requirement of 15'0" to allow a maximum height -of 28'0" from
ground to ridge for a new second garage structure and a 1336 sq.
ft. size variance from allowable square footage of 1364 sq. ft. to
allow 2700 square foot second garage and a 1980 sq. ft. variance
Board of Appeals
Page 3
December 3, 1992
to W.U.B.C. #30.43(3)(c) requirement which limits wood frame
garages to 720 square feet to allow a 2700 square foot second
garage structure to be constructed without providing a fire wall.
Mr. Ingersoll explained he is building a larger house and would
like the accessory building consistent. He will be using the same
landscaping pattern as Geifer's. Mr. Berken asked for a plat
survey with information marked precisely where the building will
be positioned. He stated the Board needs to know exact locations
of an intended structure. Mr. Dykstra stated the zoning is the
same as Appeals 49 & 50 - RS3/B2/OPD/OLS.
APPEAL #53-92 - Muskego Volunteer Fire Department, S76 W17858
Janesville Rd., Muskego, Wisconsin, is requesting a 3 ft. offset
variance to 17:4.05(2) to allow light poles to be installed on lot
line. Mr. Dykstra stated these poles should have been included in
the original variance request earlier this year. These should be
shielded lights that aim down and not let it radiate out. Mr.
Ingersoll said these are already installed and one of the bases is
3" on his property.
Mr. Fohr moved to adjourn into Closed Session; Mr. Vitt seconded.
******************************************************************
APPEAL #44-92 - Wilfred & Mary Vidal, S68 W18126 Island Dr.,
Muskego, Wisconsin. Hardship being location of existing home on
lot. Chairman Fohr moved to grant the variance, Mr. Pionek
seconded. Upon a roll call, the motion passed unanimously.
APPEAL #45-92 - Gilbert M. Spieler, W180 S6651 Muskego Dr.,
Muskego, Wisconsin. Hardship being he just had knee surgery and
stated he had no one to move the woodpile. Mr. Berken moved to
deny the appeal and order Mr. Spieler to have the woodpile moved
before April 1, 1993 and further stating that next fall he not use
this area for a woodpile. Chairman Fohr seconded. Upon a roll
call vote, the motion passed unanimously.
APPEAL #46-92 - Tom Nelson, S67 W14546 Gaulke Ct., Muskego,
Wisconsin. Mr. Nelson did not submit a hardship. Chairman Fohr
made a motion to deny this appeal as submitted, due to no apparent
hardship. Mr. Berken seconded. Upon a roll call vote, the motion
passed unanimously.
APPEAL #47-92 - Walter A. Machulak/Petroviak, W124 510077 S.
124th St. (Hwy. 45), Muskego, Wisconsin. The hardship being the
existing location of the 100-year-old family home. Mr. Pionek
Board of Appeals
Page 4
December 3, 1992
moved to grant the variance, Mr. Berken seconded. Upon a roll
call vote, the motion passed unanimously.
APPEAL #48-92 - Eric Holt, W179 56941 Elm Drive, Muskego,
Wisconsin. Hardship being need for extra living space and present
location of existing structure. Mr. Berken moved to grant the
variance, Mr. O'Neil seconded. Mr. Holt was asked to purchase a
set of house numbers. Upon a roll call vote, the motion passed
unanimously.
APPEAL #49-92 - John & Judith Gardetto, S75 W17890 Janesville
Rd., Muskego, Wisconsin. Hardship being need for covered storage
for vehicles/boats, etc. Mr. Rowinski moved to grant the variance
as submitted, Mr. O'Neil seconded. Upon a roll call vote, the
motion passed unanimously.
APPEAL #50-92 - Duane & Nanette Cherek, S75 W17960 Janesville
Rd., Muskego, Wisconsin. Hardship being need to screen from
firehouse and loss of green area. Mr. Rowinski moved to grant the
height variance as submitted, but to deny the 318" offset
variance. Mr. Berken, seconded. Upon a roll call vote, the
motion passed unanimously.
APPEAL #51-92 - Larry Sutton, W187 S6974 Gold Dr., Muskego,
Wisconsin. Hardship being the need for extra living space and
location of existing dwelling. Mr. O'Neil moved to grant the
variance as submitted, Mr. Vitt seconded. Upon a roll call vote,
the motion passed unanimously.
APPEAL #52-92 - John Ingersoll, Jr., S76 W18004 Janesville Rd.,
Muskego, Wisconsin. Hardship being extra storage space needed for
accessories. Mr. Vitt moved to deny the appeal as submitted
because the size of the garage is not compatible to the other
garages in the area. Mr. Pionek seconded. Upon a roll call vote,
the motion passed unanimously.
APPEAL #53-92 - Muskego Volunteer Fire Dept., S76 W17858
Janesville Rd., Muskego, Wisconsin. Hardship being security of
property. Mr. Rowinski moved to grant the variance as submitted
with one amendment: No approval is given by the Board of Appeals
to allow the base of light poles to exceed lot line. Mr. Vitt
seconded. Upon a roll call vote, the motion passed unanimously.
Board of Appeals
Page 5
December 3, 1992
ADJOURNMENT:
There being no further business, Mr. Rowinski made a motion to
adjourn and Mr. Vitt seconded. Upon voice vote the motion to
adjourn passed unanimously. The meeting was adjourned at 11:30
p.m.
Respectfully Submitted,
Kathy Albrecht
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 S8200 Racine Avenue, at 7:30 P.M., Thursday, December
3, 1992 to consider the following appeals:
APPEAL 44-92 Wilfred & Mary I. Vidal
S68 W18126 Island Dr.
Muskego, WI 53150
Requesting a 3'4" variance from the offset
requirement of 10 feet to allow corner of
addition to extend 3'4" into required offset
area
REASON: Remodeling project to enlarge
bathroom and walk-in closet
ZONING: RS3-OLS
APPEAL 45-92 Gilbert M. Spieler
W180 S6651 Muskego Dr.
Muskego, WI 53150
Requesting a variance to allow woodpile within
offset area
ZONING: RS3-OLS
APPEAL 46-92 Tom Nelson
S67 W14546 Gaulke Ct.
Muskego, WI 53150
Requesting a 9'0" variance from the offset
requirement of 15' to allow storage structure
to extend 9'0" into required offset area and
a 1'0" height variance to the 15' requirement
to allow a 16' height
ZONING: RS3
APPEAL 47-92 Walter A. Machulak/Petroviak
W124 S10077 S. 124th St. (Hwy. 45)
Muskego, WI 53150
Requesting a 17 ft. setback variance from
requirement of 75 ft. to allow existing
nonconforming structure to be remodeled over
50%
ZONING: A
Board of Appeals
Page 2
December 3, 1992
APPEAL 48-92 Eric Holt
W179 56941 Elm Drive
Muskego, WI 53150
Variance: 3'7" offset variance to requirement
of 1113" to allow an addition to existing
dwelling - 7'8" from rear or N.W. lot line
and
A 1'9" offset variance to requirement of
1113" to allow an addition to existing
dwelling 10'6" from S.W. lot line
REASON: To allow an addition to an existing
locational nonconforming dwelling
ZONING: RS3-OED
APPEAL 49-92 John & Judith Gardetto
S75 W17890 Janesville Rd.
Muskego, WI 53150
Requesting 6'0" height variance from
requirement of 1510" to allow a maximum
height of 22'0" from ground to ridge for a
new second garage structure
and
a 600 sq. ft. size variance from W.U.B.C.
#30.43(3)(c) requirement, which limits wood
frame garages to 720 sq. ft. to allow a 1320
sq. ft. second garage structure to be
constructed without providing a firewall.
REASON: To allow structure to match the
existing dwelling architecture and to permit
garage size larger than W.U.B.C. #30.43(3)(c)
allows without providing a firewall. Zoning
allows this size, garage building code does
not.
ZONING: RS3-B2-OPD-OLS
APPEAL 50-92 Duane & Nannette Cherek
S75 W17960 Janesville Rd.
Muskego, WI 53150
Requesting a 318" offset variance from
requirement of 618" to allow single family
accessory structure for full-time employee,
with garage to be constructed 3'0" from south
property line
and
A 15'-0" height variance from requirement of
15'0" to allow a maximum height of 3010" from
ground to ridge for a single family with garage
accessory structure
REASON: Offset variance to allow structure's
back wall to double as a retaining wall for
berm around fire department and height variance
to allow living quarters above a garage
ZONING: RS3-B2-OPD-OLS
Board of Appeals
Page 3
December 3, 1992
APPEAL 51-92 Larry Sutton
W187 56974 Gold Dr.
Muskego, WI 53150
Requesting an 8" offset variance to requirement
of 5'0" to allow an expansion of an existing
dwelling 414" from north lot line.
REASON: To allow an expansion of the second
story to an existing locational
nonconforming dwelling
ZONING: RS-3/OLS
APPEAL 52-92 John Ingersoll, Jr.
S76 W18004 Janesville Rd.
Muskego, WI 53150
Requesting a 318" variance from requirement of
6'8" to allow a second garage structure to be
constructed 310" from east property line
adjacent to Fire Department parking lot
and
A 13'0" height variance from requirement of
15'0" to allow a maximum height of 28'0" from
ground to ridge for a new second garage
structure
and
A 1336 sq. ft. size variance from allowable
square footage of 1364 sq. ft. to allow 2700
square foot second garage
and
A 1980 sq. ft. variance to W.U.B.C. #30.43(3)(c)
requirement which limits wood frame garages to
720 square feet to allow a 2700 square foot
second garage structure to be constructed
without providing a fire wall.
REASON: To allow back wall of garage to serve
as a retaining wall for berm surrounding Fire
Department parking lot and to permit additional
height for garage to better blend in with
surrounding architecture. Also to allow
construction of a building that is a size
allowed for a 5,500 square foot home, but not
for this size lot, and to allow construction of
wood frame structure larger than the W.U.B.C.
allows.
ZONING: RS3-B2-OPD-OLS
Board of Appeals
Page 4
December 3, 1992
Appeal 53-92 Muskego Volunteer Fire Dept.
S76 W17858 Janesville Rd.
Muskego, WI 53150
Requesting a 3 ft. offset variance to
17:4.05(2) to allow light poles to be
installed on lot line
REASON: Previous variance to allow parking
lot construction within 3 ft of lot line did
not include light poles which now must be
located between parking lot and lot line
ZONING: RS3-B2-OPD
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 19th day
of November, 1992