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 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 October 5, 2017


 
 
Meeting called to order at 4:56 pm.
Present:
Chairperson Thomas Richter; Member Kathleen Bucher; Member Earl Petermann; Member Roger Klein; 1st Alternate David Lehman
Absent:
Member Curt Kolell; 2nd Alternate David Levy
Staff Present:
Management Analyst Kevin Ausman; Code Compliance & Zoning Specialist Michelle Luedtke
             
APPROVAL OF MINUTES
             
Approval of minutes of the August 3, 2017 meeting.
  Motion by Member Roger Klein, second by Member Earl Petermann to approve the minutes of the August 3, 2017 meeting.

Kathy Bucher abstained as she was absent from the meeting.
  Vote: 4 - 0 Motion Carried
             
APPEARANCES
             
Consideration, deliberation and a possible decision on a variance request of DANIEL HEIDEN from the requirements of Section 122-622(2)(a) dealing with the required location for a detached accessory structure (pole barn); and Section 122-622(2)(c) dealing with the area requirements for the same detached accessory structure (pole barn) in the R-1 Residential District as follows:  A variance to allow an accessory structure (pole barn) to be located in the street yard 61.82 feet from the street property line and 252.65 feet from the south side yard property line rather than in the rear yard as required; and to allow the same detached garage to be constructed with an area of 2800 square feet rather than the maximum of 2066 square feet, a variance of 734 square feet for the property located at W204N6130 Lannon Road, Tax Key Number 114.997.007, Northwest ¼ Section 29.
  Present:
Daniel Heiden, W204N6130 Lannon Road
 
 
 
Public hearing closed at 5:35 PM.
  Motion by Member Roger Klein, second by Member Earl Petermann to grant the requested area variance.
 
 
RESOLUTION
 
WHEREAS, on October 5, 2017, a hearing was held on the petition of DANIEL HEIDEN;
 
WHEREAS, the petition requests: A variance of 734 feet to allow a detached accessory structure (pole barn) to be constructed with an area of 2800 square feet rather than the maximum of 2066 square feet;
 
WHEREAS, the matter having been given due and deliberate consideration by the members of the Zoning Board of Appeals;
 
BE IT HEREBY RESOLVED that the petition of DANIEL HEIDEN is GRANTED as follows: A variance of 734 feet to allow a detached accessory structure (pole barn) to be constructed with an area of 2800 square feet rather than the maximum of 2066 square feet;
 
The Zoning Board hereby makes the following findings under Village Ordinance Section 122-166 based upon the evidence presented on the petition:
 
 
 
  1. Will a literal enforcement of the zoning regulations involved in this matter result in practical difficulty or unnecessary hardship?
 
 
A minimal impact of the larger building on neighbors and the property
 
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
 
 
The former quarry and glass grinding, in addition to railroad and easement create limitations
 
 
 
  1. Would the variance be in harmony with the public interest?
 
 
Additional storage indoors is in the public interest.


 
  Vote: 5 - 0 Motion Carried
  Motion by Member Earl Petermann, second by Member Roger Klein to grant the requested setback variance.
 
 
RESOLUTION
 
WHEREAS, on October 5, 2017, a hearing was held on the petition of DANIEL HEIDEN;
 
WHEREAS, the petition requests: A variance to allow an accessory structure (pole barn) to be located in the street yard 61.82 feet from the street property line and 252.65 feet from the south side yard property line rather than in the rear yard as required;
 
WHEREAS, the matter having been given due and deliberate consideration by the members of the Zoning Board of Appeals;
 
BE IT HEREBY RESOLVED that the petition of DANIEL HEIDEN is GRANTED as follows: A variance to allow an accessory structure (pole barn) to be located in the street yard 61.82 feet from the street property line and 252.65 feet from the south side yard property line rather than in the rear yard as required;
 
The Zoning Board hereby makes the following findings under Village Ordinance Section 122-166 based upon the evidence presented on the petition:
 
 
The privileges granted by this decision shall expire within six (6) months of today’s date unless substantial work has commenced pursuant to such grant.
 
 
  1. Will a literal enforcement of the zoning regulations involved in this matter result in practical difficulty or unnecessary hardship?
 
 
This is the only area able to place the structure given the limited area based on lake, wetlands, fill, and grade. There is no self-imposed or financial hardship.
 
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
 
 
The former quarry and glass grinding, in addition to railroad and easement create limitations
 
 
 
  1. Would the variance be in harmony with the public interest?
 
 
Additional storage indoors is in the public interest.
 
 
 
The privileges granted by these decisions shall expire within six (6) months of today’s date unless substantial work has commenced pursuant to such grant.

 
  Vote: 4 - 1 Motion Carried
 
Nay: Member Kathleen Bucher
             

Consideration, deliberation and a possible decision on a variance request of SOURCE 1 PROJECT SOLUTIONS on behalf of the land owned by MARK PLUER from the requirements of 122-306(g)(2) dealing with the side yard setback for a building addition in the I-1 Light Industrial District as follows:  a variance of 20.8 feet to allow a building addition to be located 9.2 feet from the east side property line rather than the 30 feet as required for the property located at N59W14176 Kaul Avenue and identified by Tax Key Number 101.005, Southwest ¼ Section 01.
  Present:
Jacob Van Zeeland of Source 1 Project Solutions, representing Mark Pluer at N59W14176 Kaul Avenue
Jonathon Jackson, W142N6112 Mill Ridge, spoke in opposition
 
 
Public hearing closed at 5:52 PM.
  Motion by Member Earl Petermann, second by 1st Alternate David Lehman 
to grant the requested variances.
 

RESOLUTION
 
WHEREAS, on October 5, 2017, a hearing was held on the petition of SOURCE 1 PROJECT SOLUTIONS on behalf of the land owned by MARK PLUER;
 
WHEREAS, the petition requests: A variance of 20.8 feet to allow a building addition to be located 9.2 feet from the east side property line rather than the 30 feet as required;
 
WHEREAS, the matter having been given due and deliberate consideration by the members of the Zoning Board of Appeals;
 
BE IT HEREBY RESOLVED that the petition of SOURCE 1 PROJECT SOLUTIONS on behalf of the land owned by MARK PLUER is GRANTED as follows: A variance of 20.8 feet to allow a building addition to be located 9.2 feet from the east side property line rather than the 30 feet as required;
 
The Zoning Board hereby makes the following findings under Village Ordinance Section 122-166 based upon the evidence presented on the petition:
 
 
 
  1. Will a literal enforcement of the zoning regulations involved in this matter result in practical difficulty or unnecessary hardship?
 
 
Without extending the existing wall, there would be unusable dead space. The hardship is not self-created given that the building existed prior to the current zoning code.
 
 
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
 
The size of the long narrow lot and original placement of the building at the time of construction is unique.
 
 
 
 
  1. Would the variance be in harmony with the public interest?
 
 
Expanded storage for indoor storage is in the public interest.
 
 
 
The privileges granted by this decision shall expire within six (6) months of today’s date unless substantial work has commenced pursuant to such grant.

 
  Vote: 5 - 0 Motion Carried
             
ADJOURNMENT
  Motion by 1st Alternate David Lehman, second by Member Earl Petermann to adjourn. Meeting adjourned at 5:56 PM.
  Vote: 5 - 0 Motion Carried
Any person or persons aggrieved by any decision of the Zoning Board of Appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Zoning Board of Appeals.


Submitted by Kevin Ausman, Management Analyst
Minutes transcribed by Kevin Ausman, Management Analyst
Minutes approved on November 2, 2017


 

    

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