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 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 May 2, 2019


 
 
Meeting called to order at 5:00 pm. 
Present:
Chairperson Thomas Richter; Member Kathleen Bucher; Member Earl Petermann; Member Curt Kolell; Member Rick Rechlicz; 1st Alternate David Lehman
Absent:
2nd Alternate David Levy
Staff Present:
Management Analyst Kevin Ausman
             
APPROVAL OF MINUTES
             
Approval of minutes of the April 4, 2019 meeting.
  Motion by Member Rick Rechlicz, second by Member Earl Petermann to approve the minutes of the April 4, 2019 meeting.
  Vote: 4 - 0 Motion Carried
  Member Kathleen Bucher abstained as she was absent from the meeting.
             
APPEARANCES
             
Consideration, deliberation and a possible decision on a variance request of PATRICK MARCOTT from the requirements of Section 122-327(d) dealing with the minimum lot frontage and the minimum lot area requirements of two proposed parcels in the A-1 Agricultural District.  The subject property is located at N84W21267 Menomonee Avenue, and identified by Tax Key Number 27.999, in the Southwest ¼ Section 7.
  Present:
Patrick and Nicole Marcott, N84W21267 Menomonee Avenue
Scott Grigg, N84W21400 Menomonee Avenue, spoke in opposition.


Public hearing closed at 5:32 PM.
  Motion by Member Earl Petermann, second by Member Rick Rechlicz to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on May 2, 2019, a hearing was held on the petition of PATRICK MARCOTT;
 
WHEREAS, the petition requests the following four (4) variances are requested:
  • A 20.72 acre variance to allow a parcel to be created with 14.28 acres rather than the minimum 35 acres required.
 
  • A 32.71 acre variance to allow a parcel to be created with 2.29 acres rather than the minimum 35 acres required.
 
  • A 129.75 foot variance to allow a parcel to be created with 470.25 feet of frontage rather than the minimum 600 feet of frontage required.
 
  • A 303 foot variance to allow a parcel to be created with 297 feet of frontage rather than the minimum 600 feet of frontage 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 PATRICK MARCOTT is GRANTED as follows:
  • A 20.72 acre variance to allow a parcel to be created with 14.28 acres rather than the minimum 35 acres required.
 
  • A 32.71 acre variance to allow a parcel to be created with 2.29 acres rather than the minimum 35 acres required.
 
  • A 129.75 foot variance to allow a parcel to be created with 470.25 feet of frontage rather than the minimum 600 feet of frontage required.
 
  • A 303 foot variance to allow a parcel to be created with 297 feet of frontage rather than the minimum 600 feet of frontage 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?
     

    No, the applicant has invested money in the home and does not want to tear it down to rebuild. A financial hardship does not meet the requirements of a variance.
     
     
     
  2. Is the difficulty or hardship due to unique property limitations?
     
     
    Substandard lot. Sewer and water not available.
     
     
  3. Would the variance be in harmony with the public interest?
     
     
    No. The variance would set a negative precedent.
     
     
     
     
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: 0 - 5 Motion Failed
 
             
Consideration, deliberation and a possible decision on a variance request of CHARLIE CHAWLA on behalf of JOHNSTONE SUPPLY from the requirements of Section 122-306(g) dealing with the required side and rear yard setbacks for construction of a principal structure in the I-1 Light Industrial District for the undeveloped property located between N49W13545 and N49W13423 Campbell Drive, Tax Key Number 143.999.007, Southwest ¼ Section 36.
  Present:
Paul Megal, N49W13423 Campbell Drive, spoke in opposition.


Public hearing closed at 5:59 PM.
  Motion by Member Rick Rechlicz, second by Member Earl Petermann to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on May 2, 2019, a hearing was held on the petition of CHARLIE CHAWLA on behalf of JOHNSTONE SUPPLY;
 
WHEREAS, the petition requests the following three variances:
  • A 20 foot variance to allow the proposed building to be constructed within 10 feet of the east (side) lot line rather than the minimum 30 foot setback required.
  • A 2 foot 1 inch variance to allow the proposed building to be constructed within 27 feet 11 inches from the west (side) lot line rather than the minimum 30 foot setback required.
  • A 11 foot 1 inch variance to allow the proposed building to be constructed within 18 feet 11 inches from the south (rear) lot line rather than the minimum 30 foot setback 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 CHARLIE CHAWLA on behalf of JOHNSTONE SUPPLY is GRANTED as follows:
  • 20 foot variance to allow the proposed building to be constructed within 10 feet of the east (side) lot line rather than the minimum 30 foot setback required.
  • 2 foot 1 inch variance to allow the proposed building to be constructed within 27 feet 11 inches from the west (side) lot line rather than the minimum 30 foot setback required.
  • 11 foot 1 inch variance to allow the proposed building to be constructed within 18 feet 11 inches from the south (rear) lot line rather than the minimum 30 foot setback 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?
     
     
    No, the building size is self-created. There is buildable land available under current zoning regulations.
     
     
  2. Is the difficulty or hardship due to unique property limitations?
     
     
    No, the land is buildable under current zoning regulations.
     
     
  3. Would the variance be in harmony with the public interest?
     
    No, it does not meet existing standards.
     
     
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: 0 - 5 Motion Failed
 
             
ADJOURNMENT
  Motion by Member Rick Rechlicz, second by Member Curt Kolell to adjourn. Meeting adjourned at 6:00 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.

Minutes transcribed and Submitted by Kevin Ausman, Management Analyst
Minutes approved on June 6, 2019
 

    

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