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 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 February 2, 2017


 
 
Meeting called to order at 5:00 pm.
Present:
Chairperson Thomas Richter; Member Earl Petermann; Member Curt Kolell; First Alternate David Lehman
Absent:
Member Kathleen Bucher; Member Roger Klein
Staff Present:
Code Compliance & Zoning Officer Jerri Gronitz; Management Analyst Kevin Ausman
             
APPROVAL OF MINUTES
             
Approval of minutes of the January 5, 2017 meeting.
  Motion by Member Curt Kolell, second by Member Earl Petermann to approve the minutes of the January 5, 2017 meeting.
  Vote: 4 - 0 Motion Carried
             
APPEARANCES
             
Consideration, deliberation and a possible decision on a variance request of JONATHAN FOX from the requirements of Section 122-233(h)(3) dealing with the side yard setbacks for a principal structure (garage addition) in the R-4 Residential District as follows:  a variance of 3 feet to allow a garage addition to be constructed 12 feet from the east side property line rather than the 15 feet as required for the property located at N82W18281 Williamsburg Ct., and identified by Tax Key Number 35.118, Southwest ¼ Section 9.
  Present:
Jonathan Fox, N82W18281 Williamsburg Ct., Menomonee Falls, WI 53051
 
 

Public hearing closed at 5:10 PM.
  Motion by Member Earl Petermann, second by Member Curt Kolell to grant the requested variances. 
 
RESOLUTION
 
WHEREAS, on February 2, 2017, a hearing was held on the petition of JONATHAN FOX;
 
WHEREAS, the petition requests: A variance of 3 feet to allow garage addition to be located 12 feet from the east property line rather than the required setback of 15 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 JONATHAN FOX is GRANTED as follows: A variance of 3 feet to allow garage addition to be located 12 feet from the east property line rather than the required setback of 15 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?
 
Following the zoning code would not allow a boat to be stored since the addition would be too narrow.
 
 
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
Yes, the pie shaped lot is odd and the house is not centered.
 
 
 
 
  1. Would the variance be in harmony with the public interest?
 
Indoor storage is preferred for public safety and aesthetics.
 
 
 
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: 4 - 0 Motion Carried
             

Consideration, deliberation and a possible decision on a variance request of SCOT SCHMIDT  on behalf of ALL ABOUT LEARNING from the requirements of Section 122-306(g)(3) dealing with the distance to the side yard lot line for a principal structure in an industrial district which abuts a residential use in the I-1 Light Industrial District as follows:  a variance of 32.38 feet to allow a building addition to be located 67.62 feet from the side yard property line rather than the 100 feet as required for the property located at N56W16325 Silver Spring Dr., and identified by Tax Key Number 133.995.002, Northeast ¼ Section 34.
  Present:
Scot Schmidt, Anderson-Ashton Design/Build, 2746 S. 166th St., New Berlin, WI 53151
Bob Reed, W162N5533 Westwind Dr., spoke in support
                       
 
 
 
Public hearing closed at 5:27 PM.
  Motion by Member Earl Petermann, second by Member Curt Kolell to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on February 2, 2017, a hearing was held on the petition of SCOT SCHMIDT on behalf of ALL ABOUT LEARNING;
 
WHEREAS, the petition requests: A variance of 32.38 feet to allow a building addition to be located 67.62 feet from the side yard property line rather than the 100 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 SCOT SCHMIDT on behalf of ALL ABOUT LEARNING is GRANTED as follows: A variance of 32.38 feet to allow a building addition to be located 67.62 feet from the side yard property line rather than the 100 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 setback cannot be met due to the abutting residential use.
 
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
The setbacks to residential is a unique limitation.
 
 
 
 
  1. Would the variance be in harmony with the public interest?
 
Yes. The addition is not excessive and is located on the northeast corner of the building.
 
 
 
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: 4 - 0 Motion Carried
             
ADJOURNMENT
  Motion by First Alternate David Lehman, second by Member Curt Kolell to adjourn. Meeting adjourned at 5:30 PM.
  Vote: 4 - 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 Jerri Gronitz, Code Compliance & Zoning Officer
Minutes transcribed by Kevin Ausman, Management Analyst
Minutes approved on May 4, 2017


 

    

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