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 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 August 3, 2017


 
 
Meeting called to order at 4:58 pm.
Present:
Chairperson Thomas Richter; Member Earl Petermann; Member Roger Klein; 2nd Alternate David Levy
Absent:
Member Kathleen Bucher; Member Curt Kolell; 1st Alternate David Lehman
Staff Present:
Management Analyst Kevin Ausman; Code Compliance & Zoning Specialist Michelle Luedtke

             
   APPROVAL OF MINUTES
             
   Approval of minutes of the July 6, 2017 meeting.
             
  Motion by Member Earl Petermann, second by 2nd Alternate David Levy to approve the minutes of the July 6, 2017 meeting.


  Vote: 4 - 0 Motion Carried
             
  
APPEARANCES
             
   Consideration, deliberation and a possible decision on a variance request of LEO AND SANDRA BUDNIK from the requirements of Section 122-622(2)(c) dealing with the height requirements, and Section 122-233(h)(3) dealing with the side yard setback requirement for an accessory structure (detached garage) in the R-3 Single Family Residential District as follows: A variance of 2 feet to allow the height of the detached garage to be 17 feet rather than the maximum of 15 feet as required; and a variance of 3 feet to allow the same detached garage to be located 12 feet from the side yard property line rather than the 15 feet as required for the property located at W151N5521 Badger Dr., Tax Key Number 138.075, Northeast ¼ Section 35.
  Present:
Leo Budnik, W151N5521 Badger Dr.
Melissa Dijulio N55W15119 Northway Dr. spoke in opposition.
 
 
Public hearing closed at 5:14 PM.
 
 
Motion by Member Roger Klein, second by Member Earl Petermann to grant the requested variances.
 
 
RESOLUTION
 
WHEREAS, on August 3, 2017, a hearing was held on the petition of LEO AND SANDRA BUDNIK;
 
WHEREAS, the petition requests: A variance of 2 feet to allow the height of the detached garage to be 17 feet rather than the maximum of 15 feet as required; and a variance of 3 feet to allow the same detached garage to be located 12 feet from the side yard property line rather than the 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 LEO AND SANDRA BUDNIK is GRANTED as follows: A variance of 2 feet to allow the height of the detached garage to be 17 feet rather than the maximum of 15 feet as required; and a variance of 3 feet to allow the same detached garage to be located 12 feet from the side yard property line rather than the 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 storage of a trailer would not be feasible. Parking would be on the driveway.
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
 
Limitations based on overhead power lines
 
 
  1. Would the variance be in harmony with the public interest?
 
 
Indoor storage stored securely is in the public interest.
 


Under discussion, a motion was made by 2nd Alternate David Levy, second by Member Roger Klein to add a condition requiring the applicant to submit a grading plan to the Village which directs stormwater drainage to the street.

Vote on the added condition: 4 – 0 Motion Carried. 
Vote on the original motion: 4 – 0 Variance Granted

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.
             
   ADJOURNMENT
             
  Motion by Member Earl Petermann, second by Member Roger Klein to adjourn. The meeting adjourned at 5:26 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 October 5, 2017

 

    

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