Print Minutes Minutes Packet Return
 Village of Menomonee Falls, Wisconsin

ZONING BOARD OF APPEALS
MINUTES

 September 5, 2019


 
 
Chairperson Thomas Richter called the meeting to order at 5:00 pm. 
Present:
Chairperson Thomas Richter; Member Kathleen Bucher; Member Curt Kolell; 1st Alternate David Lehman
Absent:
Member Earl Petermann; Member Rick Rechlicz; 2nd Alternate David Levy
Staff Present:
Management Analyst Kevin Ausman
             
APPROVAL OF MINUTES
             
Approval of minutes of the August 1, 2019 meeting.
  Motion by Member Kathleen Bucher, second by 1st Alternate David Lehman to approve the minutes of the August 1, 2019 meeting.
  Vote: 4 - 0 Motion Carried
             
APPEARANCES
             
Consideration, deliberation and a possible decision on a variance request of DENNIS AND KATHLEEN REIMER from the requirements of Section 122-231(f)(1), dealing with the minimum lot width for a parcel in the R-1 Single-Family Residential District as follows:  a variance of 65.23 feet to allow for the creation of a parcel with a lot width of 134.77 feet rather than the 200 feet required. The proposed parcel would be divided from the land located at W204N5880 Lannon Road, identified by Tax Key Number 115.999, located in the Southwest ¼ Section 29.
  Present:
Dennis Reimer, W204N5880 Lannon Road


Public hearing closed at 5:06 PM
  Motion by Member Curt Kolell, second by Member Kathleen Bucher to grant the requested variances.

 
RESOLUTION
 
WHEREAS, on September 5, 2019, a hearing was held on the petition of DENNIS AND KATHLEEN REIMER;
 
WHEREAS, the petition requests: A variance of 65.23 feet to allow for the creation of a parcel with a lot width of 134.77 feet rather than the 200 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 DENNIS AND KATHLEEN REIMER is GRANTED as follows: A variance of 65.23 feet to allow for the creation of a parcel with a lot width of 134.77 feet rather than the 200 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 parcel could not be created without the updated distance. The newly created lots are consistent with the R-1. The subject property could not be created to the R-1 without a variance.
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
 
The frontage is less than previously identified and the property contains a Pig Station, floodway, flood fringe, and wetlands.
 
 
  1. Would the variance be in harmony with the public interest?
 
Yes creating the lots for single-family construction would be in the public interest. Newly built homes, built to conformity are to the benefit of the community.
 
 
 
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 DAVID VAN DORF from the requirements of Section 122-85(a)(1) dealing with the required setbacks for principal structure addition in an R-2 Single Family Residential District as follows:  a variance of 15 feet to allow the principal structure addition (deck) to be located 10 feet from the rear property line rather than the 25 rear yard as required for the property located at W156N7588 Pilgrim Road., Tax Key Number 55.984, Southwest ¼ Section 14.
  Present:
David and Dawn Van Dorf, W156N7588 Pilgrim Road
Jim Rundell, N75W15540 Colony Road, spoke in opposition
Wendy Kriboshein, N75W15540 Colony Road, spoke in opposition
Rick Rundell, N75W15540 Colony Road, spoke in opposition


Public hearing closed at 5:47 PM.
  Motion by Member Curt Kolell, second by Chairperson Thomas Richter to grant the requested variances.
 
RESOLUTION
 
WHEREAS, on September 5, 2019, a hearing was held on the petition of DAVID VAN DORF;
 
WHEREAS, the petition requests: a variance of 15 feet to allow the principal structure addition (deck) to be located 10 feet from the rear property line rather than the 25 rear yard 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 DAVID VAN DORF is GRANTED as follows: a variance of 15 feet to allow the principal structure addition (deck) to be located 10 feet from the rear property line rather than the 25 rear yard 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?
 
No. The proposal is a self-created difficulty or hardship.
 
 
  1. Is the difficulty or hardship due to unique property limitations?
 
 
Yes, the property is substandard.
 
 
  1. Would the variance be in harmony with the public interest?
 
 
No. excessive variances are not in the public interest.
 
 
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 - 4 Motion Failed
 
             
ADJOURNMENT
  Motion by 1st Alternate David Lehman, second by Member Curt Kolell to adjourn. Meeting adjourned at 5:51 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 January 9, 2020
 

    

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

AgendaQuick ©2005 - 2020 Destiny Software Inc. All Rights Reserved.