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 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 November 2, 2017


 
 
Meeting called to order at 5:00 pm. 
Present:
Chairperson Thomas Richter; Member Kathleen Bucher; Member Earl Petermann; Member Curt Kolell; Member Roger Klein; 1st Alternate David Lehman; 2nd Alternate David Levy
Staff Present:
Management Analyst Kevin Ausman
             
APPROVAL OF MINUTES
             
Approval of minutes of the October 5, 2017 meeting.
  Motion by Member Kathleen Bucher, second by Member Roger Klein to approve the minutes of the October 5, 2017 meeting.
  Vote: 5 - 0 Motion Carried
             

APPEARANCES
             

Consideration, deliberation and a possible decision on a variance request of DANIEL HEIDEN from the requirements of 122-622(2)(c) dealing with the height requirements for an accessory structure (pole barn) in the R-1 Single Family Residential District as follows:  A variance to allow a pole barn to be constructed with a height of 20 feet rather than the maximum of 15 feet as required for the property located at W204N6130 Lannon Road, Tax Key Number 114.997.007, Northwest ¼ Section 29.
  Present:
Daniel Heiden, W204N6130 Lannon Road, Menomonee Falls, WI 53051
 

Public hearing closed at 5:08 PM.
  Motion by Member Kathleen Bucher, second by Member Curt Kolell to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on November 2, 2017, a hearing was held on the petition of DANIEL HEIDEN;
 
WHEREAS, the petition requests: A variance to allow a pole barn to be constructed with a height of 20 feet rather than the maximum of 15 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 DANIEL HEIDEN is GRANTED as follows: A variance to allow a pole barn to be constructed with a height of 20 feet rather than the maximum of 15 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?  
     
    The roof pitch is necessary in order to hold the snow load. A lower pitch could be dangerous if the snow collapses the roof.
     
     
     
  2. Is the difficulty or hardship due to unique property limitations?  
     
    Yes. The shape, grade, and crushed glass on site creates limitations for the pole barn.
     
     
     
  3. Would the variance be in harmony with the public interest?  
     
    There are higher pole barns nearby and the grade does not make the height exceptional. 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 Roger Klein to adjourn. Meeting adjourned at 5:15 PM.
  Vote: 7 - 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 Michelle Luedtke, Code Compliance & Zoning Officer
Minutes transcribed by Kevin Ausman, Management Analyst
Minutes approved on January 4, 2018.


 

    

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