Print Minutes Minutes Packet Return
 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 July 1, 2021


 
 
Chairperson Thomas Richter called the meeting to order at 5:00 pm. 
Present:
Chairperson Thomas Richter; Member Kathleen Bucher; Member Curt Kolell; 2nd Alternate David Levy
Absent:
Member Earl Petermann; Member Rick Rechlicz; 1st Alternate David Lehman
Staff Present:
Management Analyst Kevin Ausman; Planner Tyler Zwagerman

             
   Roll Call
             
   Approval of the Minutes of the June 3, 2021 meeting
             
  Motion by Member Kathleen Bucher, second by Member Curt Kolell to approve the minutes of the June 3, 2021 meeting.


  Vote: 4 - 0 Motion Carried
             
  
Appearances
             
   Consideration, deliberation and a possible decision on a variance request of MICHAEL & MICHELLE FRIE from the requirements of Section 122-234(h)(2)(a) dealing with the required setbacks for principal structure addition in an R-3.5 Single Family Residential District as follows: a variance of 12 feet to allow a principal structure addition (deck) to be located 13 feet from the rear property line rather than the 25-foot rear yard setback as required for decks for the property located at W158 N6537 Pawnee Court, Tax Key Number 0088078.
  Present:
Mike Frie, W158N6537 Pawnee Ct.
A letter from Jeffrey Rohrer, W158N6555 Pawnee Ct., was read into the record in support.
A letter from John Kempf, W158N6523 Pawnee Ct., was read into the record in support.

The public hearing closed at 5:10 PM.
             
  Motion by Member Curt Kolell, second by Member Kathleen Bucher to grant the requested variance.

The Zoning Board should consider and make 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?
    Yes. There is nowhere else on the property where this could be built due to setbacks and the location of the principal structure.
     
  2. Is the difficulty or hardship due to unique property limitations?
    Yes. The sloping grade of the rear yard to the retention basin severely limits buildable area.
     
  3. Would the variance be in harmony with the public interest?
    There is no impact to neighboring residential properties and there is no impact to the retention pond to the rear.


  Vote: 4 - 0 Motion Carried
             
  
Consideration, deliberation and a possible decision on a variance request of DALE LEMMINGER & KATHLENE KIDMAN from the requirements of Section 122-233(h)(3) dealing with the required setbacks for principal structure addition in an R-3 Single Family Residential District as follows: a variance of 1.53 feet to allow the principal structure addition to be located 13.47 feet from the side yard property line rather than the 15 foot side yard setback as required for the property located at N70 W13304 Brentwood Drive and identified by Tax Key Number 0094999001.
  Present:
Dale Lemminger and Kathy Kidman, N70W13304 Brentwood Dr.
A letter of support signed by 16 neighboring property owners was read into the record and attached to the meeting minutes.

Public hearing closed at 5:28 PM.
             
  Motion by 2nd Alternate David Levy, second by Member Curt Kolell to grant the requested variance.

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?
    Meeting the zoning code would require the wall to be constructed further in and not be flush with existing construction. The design and functionality would suffer.
     
  2. Is the difficulty or hardship due to unique property limitations?
    Yes, the orientation of the home on the site creates an issue for construction.
     
  3. Would the variance be in harmony with the public interest?
    Indoor storage is in the interest of the public. Neighboring properties signed a letter of support.

  Vote: 4 - 0 Motion Carried
             
   Adjournment
             
  Motion by Member Kathleen Bucher, second by Member Curt Kolell to adjourn. Meeting adjourned at 5:32 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.

Minutes transcribed and Submitted by Kevin Ausman, Management Analyst
Minutes approved on August 5, 2021
 

    

Level double AA conformance,
                W3C WAI Web Content Accessibility Guidelines 2.0

AgendaQuick ©2005 - 2021 Destiny Software Inc. All Rights Reserved.