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 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 July 5, 2018


 
 
Meeting called to order at 5:00 pm. 
Present:
Chairperson Thomas Richter; Member Kathleen Bucher; Member Earl Petermann; 1st Alternate David Lehman
Absent:
Member Curt Kolell; 2nd Alternate David Levy
Staff Present:
Management Analyst Kevin Ausman
             
APPROVAL OF MINUTES
             
Approval of minutes of the June 7, 2018 meeting.
  Motion by Member Earl Petermann, second by 1st Alternate David Lehman to approve the minutes of the June 7, 2018 meeting.
  Vote: 3 - 0 Motion Carried
  Member Kathleen Bucher abstained from the vote as she was absent from the June 7, 2018 meeting.
             
APPEARANCES
             
Consideration, deliberation and a possible decision on a variance request of LINDA SUNILA from the requirements of 122-622(2)(c) dealing with the maximum height and area requirements for an accessory structure (detached garage) in the R-1 Single Family Residential District as follows:  A variance of 7 feet to allow a detached garage to be constructed with a height of 22 feet rather than the maximum of 15 feet; and a variance of 98.4 square feet to allow the same detached garage to be constructed with an area of 1,200 square feet rather than the maximum of 1,101.6 square feet that is allowed on property located at N96W21847 County Line Rd, Tax Key Number 22.997, Northwest ¼ Section 6.
  Present:
Linda Sunila, N96W21847 County Line Rd., Menomonee Falls, WI 53051


Public hearing closed at 5:12 PM.
  Motion by Member Earl Petermann, second by Member Kathleen Bucher to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on July 5, 2018, a hearing was held on the petition of LINDA SUNILA;
 
WHEREAS, the petition requests: A variance allow a detached garage to be constructed with a height of 22 feet rather than the maximum of 15 feet as required; and a variance to allow the same detached garage to be constructed with an area of 1,200 square feet rather than the maximum of 1,101.6 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 LINDA SUNILA is GRANTED as follows: A variance allow a detached garage to be constructed with a height of 22 feet rather than the maximum of 15 feet as required; and a variance to allow the same detached garage to be constructed with an area of 1,200 square feet rather than the maximum of 1,101.6 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?  
     
    The ownership of the proposed RV is a self-created hardship. The property owner can store the RV on site in compliance with the Zoning Code.
     
     
     
  2. Is the difficulty or hardship due to unique property limitations?  
     
    No, there are no unique property limitations which would require a variance for this garage proposal.
     
     
     
  3. Would the variance be in harmony with the public interest?  
     
The spirit of the ordinance would not be favorable on larger detached garages compared to the home, but indoor storage is in the public interest.
  Vote: 0 - 4 Motion Failed
 
             

Consideration, deliberation and a possible decision on a variance request of KORNDORFER HOMES from the requirements of 122-596(a) dealing with the minimum basement floor elevation requirements above the highest anticipated seasonal groundwater level for a principal structure in the R-3 Single Family Residential District as follows:  A variance to allow a basement floor elevation for a new home to be set 11 inches above the highest anticipated seasonable ground water level instead of the minimum three (3) feet required; for a future residence to be located at W174N7553 Joanne Drive, Tax Key Number 64.027, Southeast ¼ Section 16.
  The property is legally described as LOT 1 BLK 3 SHADY LANE SUBDIVISION PT SE1/4 SEC 16 T8N R20E: DOC# 4306372.

Present:
Karl Korndorfer, 7900 Grand Ave., Sturtevant, WI 53177
Michelle Zwicky, N72W13524 Lund Ln., Unit 312, Menomonee Falls, WI 53051


Public hearing closed at 5:44 PM.
  Motion by Member Earl Petermann, second by Member Kathleen Bucher to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on July 5, 2018, a hearing was held on the petition of KORNDORFER HOMES;
 
WHEREAS, the petition requests: A variance to allow a basement floor elevation for a new home to be set 11 inches above the highest anticipated seasonable ground water level instead of the minimum three (3) feet 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 KORNDORFER HOMES is GRANTED as follows: A variance to allow a basement floor elevation for a new home to be set 11 inches above the highest anticipated seasonable ground water level instead of the minimum three (3) feet 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 height and grade changes with altering the home would be an unnecessary hardship. Test results show that the groundwater level is low.
     
     
  2. Is the difficulty or hardship due to unique property limitations?  
     
    Yes, due to the wet area in the subdivision
     
     
  3. Would the variance be in harmony with the public interest?  
     
    If the variance is granted and Village attorney’s condition is added, then the public interest is protected.
     
     
     
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: 3 - 1 Motion Carried
 
Nay: Member Kathleen Bucher
  Motion by Chairperson Thomas Richter, second by 1st Alternate David Lehman to add the following condition to the granted variance as recommended by the Village Attorney:
  1. The current owner shall disclose to any future buyers of the property the fact that the basement floor of the structure was not built three (3) feet above the highest anticipated seasonable ground water level as required by Village ordinance.  The owner shall include in the disclosure possible impacts of this, such as how it could affect the basement, the walls of the basement, and sump pump activity.  A copy of the Zoning Board of Appeals Resolution will be recorded at the office of the Register of Deeds for Waukesha County.
  Vote: 4 - 0 Motion Carried
             
ADJOURNMENT
  Motion by 1st Alternate David Lehman, second by Member Earl Petermann to adjourn. Meeting adjourned at 5:48 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 Kevin Ausman, Management Analyst
Minutes transcribed by Kevin Ausman, Management Analyst
Minutes approved on September 6, 2018


 

    

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