VIDEO ARCADE - TOM FLYNN - EXTENSION OF HOURS

Document Sample
VIDEO ARCADE - TOM FLYNN - EXTENSION OF HOURS Powered By Docstoc
					The Board of Building and Zoning Appeals was called to order by Chairman Stemper at
7:35 p.m. on March 5, 1998 in the Mukwonago Village Hall. Members present: Kelly,
Bauer, Adler, and Jones. Also present: Hankovich.

Chairman Stemper announced that this Board would be adjourning into closed session at
the conclusion of this meeting pursuant to state statute 19.85 (1)(a) for deliberation
concerning a case which was the subject of judicial or quasi-judicial or hearing before
that governmental body: deliberation of gas station, car wash and convenience store.

Moved by Jones, seconded by Kelly to accept the minutes of the January 27, 1998
meeting as presented. Motion carried without a negative vote.

VIDEO ARCADE - TOM FLYNN - EXTENSION OF HOURS
MOTION
Moved by Jones, seconded by Adler to grant the change of hours of operation for Players,
715 S. Main Street. The following conditions are attached to granting this change: 1)
Hours must coincide with the Mukwonago Area School schedule (Jr. High and Sr. High).
2) Appellant must return to the Board of Building and Zoning Appeals to be reviewed in
May, 1998.
DISCUSSION
Mr. Flynn is requesting to change his hours of operation at 715 S. Main Street to 10:00
a.m. until 10:00 p.m. on weekends, holidays, and days that the Mukwonago Area
Schools, namely Parkview Jr. High and Mukwonago Sr. High, are not in session.
Presently, his hours of operation are 3:00 p.m. until 10:00 p.m., Monday through Sunday.

GAS STATION/CONVENIENCE STORE/CAR WASH - D.N. GREENWALD -
RECONVENE
Mike Brown, MSI representative, presented plan. Hankovich asked about 28” road cut
for one way entrance with no exit. This is the first road cut off the private road off HWY
83. Brown stated that width of road cut may be made narrower. Concerns were
expressed regarding road cut of that width allowing cars to exit from this entrance to
make a left hand turn onto road to go to HWY 83. Brown stated that boulevard could be
extended to the east so traffic could not turn left. Brown also presented lighting and
architectural plan. Brown stated by pulling curb on north east corner of property back to
make a thirty foot radius, tankers will not roll over curb and/or cross over center line of
private road. Hankovich added that curb on north east side of road from HWY 83 should
also be rolled back. Bauer asked if vacuum island could be moved to rear of convenience
store. Brown stated that deliveries will be made at rear of convenience store. Adler
asked about road cut to property to the south. Adler fears this will create a frontage road
off HWY 83 when property to south is developed. Vacuum island should be moved to
southwest corner of property where parking stalls are south of phone box. Jones stated
that he would prefer handicapped parking on west side of building. Brown stated that
entrance doors are located on north and west side of convenience store. Plan shows
handicapped parking on west side of convenience store. Kelly has concern about traffic
turning on and off of HWY 83. Kelly also has concerns about hazards to the Vernon
Marsh. Brown stated that the design of the catch basin would contain spillage that may
occur. Spillage would not get to Vernon Marsh. Brown stated that he had talked to the
D.N.R. regarding their collection plan and the D.N.R. stated that Greenwald was doing
everything that he could to contain contamination. Kelly requested a letter from the
person at the D.N.R. office with whom Brown conversed. Recording secretary should
check with Village Clerk to see if he has any correspondence regarding this. Chairman
Stemper asked for questions and comments from the floor. Bill Schmidt, Whispering
Bay, spoke in favor of this development. Expressed a need for a fueling station on north
side of town. Gilbert Yerke, Yerke’s Garden Center, supports a fueling station on north
side of town. Yerke also favors diesel fuel to be sold at this station. Yerke also stated
that he likes the line up of turn lanes on east and west side of HWY 83. He did state that
he would not like to see run off from east side of HWY 83 onto his property to the west.
He has had problems with this in the past. He also stated that seeding and landscaping
that was to be completed on his property after accel/decel lanes were completed has never
been finished. Yerke generally feels that fueling station on north end of Village will
decrease traffic in downtown area. Bud Hendrickson, Village of Mukwonago, spoke in
favor of station. Kelly stated that he had concerns with dispensing diesel fuel. Large
trucks will clog traffic flow. Hendrickson felt that signage and a weight limit could
control truck traffic. Kelly stated that he would not vote in favor of dispensing diesel
fuel. Dennis Jeffrey stated that large trucks will govern themselves. When manipulation
of truck is difficult, driver will not return. He also felt the smaller nozzle size that would
be used on pump would not be desirable to big rigs. Chairman Stemper asked if the
Board had any more questions. Since there were no more questions from the Board or
floor, Chairman Stemper called for a motion to adjourn into closed session. The Board
told Greenwald that his proposal would be reviewed in closed session and the Board
would be prepared at the next meeting, which will be March 24, 1998 to make a motion
regarding his proposal. Moved by Kelly, seconded by Bauer, to adjourn into closed
session at 9:20 p.m.. Motion carried by a roll call vote with no negative votes cast

Respectfully submitted by,

Marilyn Stack
Deputy Clerk


                                    CLOSED SESSION

The closed session meeting of the Board of Building and Zoning Appeals was called to
order by Chairman Stemper at 9:30 p.m. in the Board Room. Discussion followed.
Moved by Bauer, seconded by Adler to adjourn at 11:15 p.m.

Respectfully submitted by,

Marilyn Stack
Deputy Clerk
The Board of Building and Zoning Appeals was called to order by Chairman Stemper at
7:30 p.m. on April 28, 1998 in the Mukwonago Village Hall. Members present: Kelly,
Koshick, Adler, and Jones. Also present: Hankovich.

Moved by Kelly, seconded by Jones to accept the minutes from the March 24, 1998
meeting as presented.

HABITAT FOR HUMANITY
This appeal has not returned to this Board from the Plan Commission. The hearing will
be postponed until rezoning has been approved by the Plan Commission and the Village
Board. Bill Canfield, Habitat for Humanity, was present to answer any questions. Gerald
Bethke, village resident, inquired as to when the Plan Commission will meet.

NEXTEL
Chuck Brown, representing Nextel, and Randall Walenczyk, Water Utility Supervisor,
explained to the Board that Nextel Communications would like to erect a 180 foot tower
with whip antenna and building on land owned by the Village of Mukwonago. The
property is located at the south water tower located near I-43 and Greenwald Court. This
property must also be rezoned so no action will occur at this meeting. The purpose of the
meeting is informational. Brown and Walenczyk stated that the agreement being
proposed is Nextel will erect the tower and building. They will include a civil defense
siren, valued at $18,000, as well as a lease agreement with the Village of Mukwonago.
Kelly asked if tower would fall, would it fall on motel or Greenwald property located
next to the Water Utility site. Answer was no. Stemper asked where the revenue
generated by this venture would go. Answer: Water Utility. Adler asked who is
responsible for the maintenance of tower and building. Answer: Nextel. Moved by
Kelly, seconded by Jones to table hearing until Plan Commission and Village Board have
approved the rezoning. Motion carried without a negative vote.

KEVIN MOONEY - 218 LINCOLN - ADDITION
Mr. and Mrs. Mooney are requesting to construct an addition to the rear of their existing
residence. The present residence is located closer to the lot line in the side yard than
present codes allow. The addition that Mr. Mooney presented shows the addition
recessed from the outer perimeter of the existing residence which creates a wider side
yard than presently exists for the existing structure. The addition will be 1 foot higher
than the present dwelling. The exterior of the addition would be cedar to compliment the
present stucco exterior on the existing residence. Kelly stated that he had contacted some
the residents in the area and found no opposition to granting this variance. Bud
Hendrickson, 109 Lincoln Avenue, appeared in support of the variance. Moved by Kelly,
seconded by Adler, to grant a variance to Kevin and Cathy Mooney, 218 Lincoln Avenue
in accordance with Section 100-555 of the Municipal Code. The variance is for 3.2 feet
to comply with the 12.4 foot side yard requirement. Reasons for granting this variance
are: 1) Addition will not encroach in the side yard, beyond the existing dwelling on the
property. 2) Neighbors did not appear to be in opposition of granting the variance being
requested. 3) Consideration must be made for substandard lots. 4) No opposition
appeared from the floor, one resident appeared in support. Motion carried without a
negative vote. Moved by Kelly, seconded by Adler, to attach the following conditions to
the previously granted variance to Kevin and Cathy Mooney, 218 Lincoln Avenue: 1)
The addition must meet all the Village Ordinances. 2) Construction must meet all
building codes. 3) Addition should coordinate with the color of the existing exterior.
Motion carried without a negative vote.

CHAIRMAN REPORT
The Board will need to petition the Village Board regarding monies for plaques honoring
two past Board members. It was stated that the Clerk would get cost and will prepare
request for the 1999 budget. Board requests a report, from the Clerk, at the May meeting.
Bud Hendrickson stated that in the past money was used from the Board of Building and
Zoning Appeals budget.

Moved by Kelly, seconded by Jones, to adjourn at 8:25 p.m. Motion carried without a
negative vote.

Respectfully submitted,

Marilyn A. Stack
Recording Secretary
The Board of Building and Zoning Appeals was called to order by Chairman Stemper at
7:30 p.m. on May 26, 1998 in the Mukwonago Village Hall. Members present: Kelly,
Bauer, Kelly, and Jones. Absent: Adler. Excused: Hankovich.

Moved by Jones, seconded by Kelly to accept the minutes from the April 28, 1998
meeting as presented.

HABITAT FOR HUMANITY - BILL CANFIELD
The property Habitat for Humanity has selected for a residence, on Lake Street, had
previously appeared before this Board and was referred to the Plan Commission and
Village Board for rezoning. The rezoning was approved at the May 19, 1998 Village
Board meeting. It is now back to the Board of Building and Zoning Appeals for action to
be taken on variances necessary to construct building on this lot. No one appeared
representing Habitat for Humanity. Rob Middendorf, 111 Eagle Lake Avenue, appeared
in opposition of the rezoning. Mr. Middendorf was told that the zoning issue of this
property had already been determined at the Plan Commission and Village Board
meetings. Mr. Middendorf expressed a concern that multi family housing could now be
built on this property. Kelly expressed concern that no one appeared to represent Habitat
for Humanity. Moved by Kelly, seconded by Jones, to table consideration of this appeal
until the June meeting if someone appears to represent Habitat for Humanity. Jones
requested that the Building Inspector be present at this meeting. Motion carried without a
negative vote.

Moved by Kelly, seconded by Jones to adjourn at 7:40 p.m. Motion carried without a
negative vote.

Respectfully submitted,

Marilyn A. Stack
Recording Secretary
The Board of Building and Zoning Appeals was called to order by Chairman Stemper at
7:30 p.m. on June 23, 1998 in the Mukwonago Village Hall. Members present: Kelly,
Adler, Bauer, and Jones. Also present: Hankovich.

Moved by Kelly, seconded by Jones to accept the minutes from the May 26, 1998
meeting as presented.

HABITAT FOR HUMANITY
Motion: Moved by Kelly, seconded by Adler, to grant a variance to Habitat for
Humanity to construct a single family residence with a garage on the property known as
MUKV 1973.965.002 because it does not comply with Section 100-103 R-3 of the
Mukwonago Zoning Codes. Facts stated to be included in the motion are: 1) The lot is a
substandard lot being 9500 square feet where as a minimum lot size is 15,000 square feet
in R-3 zoning. 2) Structure has 623 square feet on first level and a combined total square
footage of both levels of 1280 square feet. 3) The proposed building plan conforms with
the rear, front, and side yard setbacks as setforth in Section 100-555. 4) The plan as
proposed meets and does not exceed the 20 percent maximum ground coverage required.
5) In May, 1998. the Village Board accepted the Plan Commission’s recommendation to
rezone the property from B-2 to R-3. R-3 being a single family/duplex residential lot.
The standard size lot in R-3 is 15,000 square feet. The height requirements for the
building is 30 feet maximum, the minimum area of the house is 1500 square feet with the
first floor being 1,000 square feet. Section 100-555 deals with substandard size lot and
by definition the lot in question meets that requirement. The substandard lot section of
our code provides for a minimum area of 1,000 square feet, street yard setback of 25 feet,
rear yard set back of 40 feet, and side yard is set with a formula based on the frontage of
the street front of the lot which is met with the plans submitted. A substandard lot, no
matter what zone it is in, is covered under Section 100-555. Reasons stated for granting
variance of 378 square feet for first floor and 212 square feet total square footage are: 1)
The plans as presented, fit on the lot with a 622 square foot house on the first floor, meets
all of the set backs and provides more green area in rear yard which was a concern
expressed by adjoining property owners. 2) Building meets the minimum requirements
as setforth in the substandard lot division of Section 100-555. 3) Village Board and Plan
Commission felt that the plan submitted would be a good utilization of this lot.
Conditions applied to grant this variance are: 1) A single family dwelling will be
constructed on this property and will never revert to any other use than a single family
dwelling. 2) Landscaping will be addressed with a minimum of two trees, each being a
minimum of 2 inches one foot from the ground, and 4 bushes to conform with the
surrounding neighbors and provisions will be made for the installation of a lawn. 3) A
black top driveway will be installed. 4) Dwelling will be constructed as presented.
Motion carried without a negative vote.
Discussion: Kelly asked about landscape plan. No plan is ready yet. A local landscaper
is donation $5,000 of landscaping for the project. Village is working on other drainage
problems on Lake Street. Kelly would like occupancy to hinge on landscaping.
Driveway will be blacktop.
NEXTEL - CONDITIONAL USE PERMIT - 981 GREENWALD COURT
Motion: Moved by Kelly, seconded by Jones to grant a conditional use to Nextel to
construct a 180 foot tower at 981 Greenwald Court which has been rezoned P-1. Reasons
for granting this conditional use are: 1) Tower will be shared with Village for a defense
siren and other communications. 2) No one appeared to speak in opposition to the
granting of the conditional use. 3) The tower will be placed in such a location that if an
accident should occur no harm would be caused. Conditions attached to granting the
conditional use are: 1) Adequate fencing and security must be in place. Motion carried
without a negative vote.
Discussion: Question: Is property, where tower is to be located, fenced.? Answer: Yes.
Question: Is tower located to avoid collision with any other structures if it were to
collapse. Answer: Yes, the way the tower is constructed.

NEW BUSINESS
D.N. GREENWALD - GAS STATION NORTH END OF HWY 83 - CHANGE OF
COLOR
Motion: Moved by Jones, seconded by Kelly to accept the change of color for the stone
and material as presented on the original variance, as condition #18, to white precolored
block with a two tone gray canopy highlighted with yellow as well as the frames for all
the windows will be a clear anodized aluminum which would be silver in color.
Condition #18 will still be in affect. Motion carried without a negative vote.

Discussion: Mike Brown, MSI General, explained to the Board that previously when
plan was approved a beige color scheme was selected. If any change from the original
plan was proposed, this Board directed that project must be returned. Now a different gas
vendor was selected and the beige color scheme will not work. New color scheme being
requested is white precolored block with a two tone gray canopy highlighted with yellow.
Also all aluminum frames for the glass in the building was to be bronze. Now with the
color scheme change, the frames will be a clear anodized aluminum which would be
silver in color.

ADDITIONAL COMMENTS
Kelly inquired as to the status of the addition previously approved Puhl’s Tru Value on
Rochester Street. Kelly reported semi trailer continues to be kept at the rear of the store.
Hankovich stated that a condition of Puhl;s appeal was, after was completed, semi trailer
would have to be removed from property. Puhl’s conditional use permit has long since
expired and no building permit was pulled. Puhl would now have to start the appeal
process from the beginning now. Village has nothing that prohibits semi trailer from
sitting where it is.

Moved by Kelly, seconded by Jones to adjourn at 8:45 p.m.

Respectfully submitted,

Marilyn A. Stack
Deputy Clerk
 The Board of Building and Zoning Appeals was called to order by Chairman Stemper at
7:35 p.m. on August 25, 1998 in the Mukwonago Village Hall. Members present: Adler,
Bauer, Jones and Dunning. Also present: Hankovich.

Moved by Jones, seconded by Adler to accept the minutes from the June 24, 1998
meeting as presented. Motion carried without a negative vote.

EMPIRE LEVEL - SIMILAR USE REQUEST
Chairman Stemper read notice. Bill Banach, representing Empire Level, presented the
concept that Empire was striving for. The first phase of the project consists of a 103,000
square foot building built in two sections joined by a 60 foot connecting corridor. The
building will be located on the rear or south end of the property. The entire property will
be one parcel but lot lines are drawn into the plan in case, in the future, the property
would be divided. If that were to happen, buildings are situated on plat so that when they
are divided they would meet all set backs and parking requirements. The road on the
property will loop the building to be built at the present time. The road will travel east
and then south. The plan presented also shows easement for the road to loop to the north
as future phases are completed. Moved by Jones, seconded by Adler, to grant the similar
use request of Empire Level for Drawing A1.1, dated August 5, 1998, for the orderly
development of their lot in the Industrial Park as set forth in Section 100-20(c) of the
Municipal Code of the Village of Mukwonago Reasons for granting this request are: 1)
The Economic Development Committee and Mukwonago Village Board approved
drawing Al.1, dated August 5, 1998, as presented. 2) No one appeared in opposition of
granting this request. 3) The Mukwonago Fire Department has reviewed the plans. The
following condition has been attached to granting this request: 1) If any major
deviations from the submitted plan were to occur, the changes would need to reviewed by
this Board. Motion carried without a negative vote.

JON & KEVIN SINNETT - SIMILAR USE REQUEST - EXPANSION OF 820 SWAN
DRIVE
Chairman Stemper read the notice. Sinnetts are in the process of acquiring 3+ acres, in
the Industrial Park, adjacent to property he already owns at 820 Swan Drive. Acquisition
would lie to the east and north of present location. Sinnett plans to combine newly
acquired acreage by CSM with land presently owned by them so they will be one parcel
with one tax key number. Division at a later date would be possible but would hinge on
decision on Holz Drive regarding a bypass. Moved by Bauer, seconded by Jones, to
accept the recommendation of the Economic Committee to accept the site plan, as
presented by Kevin Sinnett, for the construction of a second building on the land as the
orderly development of the site. This would satisfy the requirements of Section 100-
20(c). A condition of granting the similar use request would be that Sinnetts must
return to the Board of Building and Zoning Appeals for a review of the site plan if
entrance from Holz Drive would ever be requested. Motion carried without a negative
vote.

DEBRA STAWICKI - 401 ANDREWS STREET - VARIANCE FOR GARAGE
Ms. Stawicki is requesting a permit to build a garage in the front street yard of her
property. Ms. Stawicki’s property is has Phantom Lake frontage which on the rear of her
property but her house faces the rear of the property. Municipal Code, Section 100-
102(11), states that garages must be located in the rear yard of the property. This would
place Ms. Stawicki’s garage in Phantom Lake. Ms. Stawicki also requested to build her
garage 10 feet west of the 9 foot wide shared driveway which runs from her property to
Andrews Street. Hankovich stated that this placement of the garage would not allow
sufficient area for a ninety degree turn around to exit on driveway. Hankovich also stated
that the hardship created by placing the principle structure in its present location would
not indicate a self imposed hardship.

Moved by Jones, seconded by Bauer, to grant a variance to 401 Andrews Street to
conform to Section 100-102(11) to build a 24 x 30 foot garage in the street yard of the
property Conditions attached to granting this variance are: 1) . The location of this
garage or any other accessory structure shall not be closer than 5 feet from the north and
5 feet from the west lot lines and 10 feet from the principal structure. The garage must be
in direct alignment with the rear of the house. 2) The construction of the garage must
meet all the municipal codes of the Village of Mukwonago regarding accessory
structures. 3) Structures on lot must not exceed 20 per cent of lot coverage. Motion
carried without a negative vote.

DEPARTMENT OF NATURAL RESOURCES - STRUCTURE IN P-1 ZONING - CTH
NN
The Department of Natural Resources are requesting a permit to construct a structure on
land which is zoned P-1. Any construction in public zoning must be reviewed by the
Board of Building and Zoning Appeals. The location of the structure would be 25 feet
west of the railroad tracks, 45 feet from the west property line and 182 feet from CTH
NN. The building would be used for supplies and equipment used in the Vernon Marsh.
It would be a commercial grade 60’ x 80’ x15’ laminated wood column building. The
exterior would be 28 gauge steel roofing and siding panels, light gray in color with dark
gray trim. Dark gray brick would be on the lower portion of the front facade. Concrete
apron approaches would be built at all door entrances. No telephone service, internal
plumbing or heat is planned for this building at the present time. The floor of the
building would consist of a 30 x 40’ slab with the remainder being gravel. Possibly more
concrete would be added in the future. The building would be fenced to the rear with
outside storage of equipment located within the fenced area. No more than 25 gallons of
gasoline and pesticides would be stored on site. Jones and Bauer had numerous questions
regarding future use of and storage in the building. Moved by Bauer, seconded by Adler
to table a decision on this request until the September meeting. Board will need answers
to the following questions: 1) The exact use of the building with defined plans. 2) Fire
Department, Plan Commission, and Utility review of the proposed plan and plan of
operation. 3) Utilities need to consider the lack of sewer lines at this location and would
a holding tank or septic system be allowed in the Village. Motion carried without a
negative vote.
Moved by Bauer, seconded by Jones to adjourn at 10:00 p.m. Motion carried without a
negative vote.

Respectfully submitted,

Marilyn A. Stack
The Board of Building and Zoning Appeals was called to order by Chairman Stemper at
7:30 p.m. on September 22, 1998 in the Mukwonago Village Hall. Members present:
Adler, Bauer, Jones, Dunning, Stemper. Member excused: Kelly. Also present:
Hankovich.

Moved by Jones, seconded by Adler to accept the minutes from the August 25, 1998
meeting as presented. Motion carried without a negative vote.

VARIANCE - HWY NN AT CLARENDON AVENUE - DNR BUILDING
James Jackley, representing Department of Natural Resources, presented a plan with the
following revisions: 1) The 60’ X 66’ building will be used for cold storage only at the
present time. 2) The interior floor will be full masonry. 3) Telephone and security
system will be installed into the building. 4) No water and sewer laterals will be
necessary at this time. 5) The building will be aligned parallel with HWY NN. Randall
Walenczyk, Superintendant of Water Utility, reviewed the plan and could see no problem
with the plan as presented. He expressed the following observations: 1) If the building
would ever need water and sewer, it would have to be connected to the water lines.
Sewer lines are not present at this location. Walenczyk also stated that gasoline and
herbicide storage should be kept to a minimum as a condition attached to granting the
conditional use. Fire Chief Rolfe also reviewed the building plan and had one request
which was storage on site should be in a UL rated cabinet vented to the outside. Fire
Chief Rolfe also pointed out, to Mr. Jackley, that if the square footage of the building
would ever increase to 5,000 square feet and the use would change to repair
center/maintenance shop the building would then have to be sprinkled. Moved by Jones,
seconded by Adler, to grant a conditional use to the Department of Natural Resources to
construct a cold storage building on the site on CTH NN with the following conditions:
1) Detailed building plans will be submitted to the Building Inspector before
construction begins. 2) When building is being used extensively, building must be
hooked up to sewer and water. 3) Containment of herbicides and fuel must be kept to no
more than 10 gallons in UL rated storage cabinet except during the burning season when
a maximum of 50 gallons of combined products may be stored. 4) Storage must be in a
UL rated cabinet with approved ventilation through wall. 5) Any expansion of building
exceeding 5,000 square feet, for repair of equipment as a maintenance shop, would
necessitate sprinkling the building. 6) If the use of the building would change or
expansion would be desired, the Department of Natural Resources would have to return
to the Board of Building and Zoning Appeals for approval. 7) Building must be
inspected by the Fire Department twice a year. Motion carried with four yes votes and
one no vote. (Bauer voting no)

INTERPRETATION OF BUILDING CODES REGARDING PLACEMENT OF REAR
YARD
Hankovich stated his interpretation of code regarding rear, front, and side yard set backs.
He feels that the side of the house where the front door is placed would be interpreted as
the front yard and distance between street and side of building located in front yard
would be the street yard set back; the side of the house opposite and parallel with the
front door would be considered the rear yard and the distance from this side of building to
parallel lot line would be considered rear yard set back; the other two sides of the house
would be the side yards and the distance from this side of the building to the parallel lot
line would be considered the side yard set back. Board agreed with this interpretation
and was of the opinion that if this interpretation of the code were to be challenged, the
challenger must appear before the Board of Building and Zoning Appeals.

Moved by Bauer, seconded by Jones, to adjourn at 8:30 p.m. Motion carried without a
negative vote.

Respectfully submitted,

Marilyn A. Stack
Deputy Clerk
Board of Building and Zoning Appeals was called to order on November 24, 1998, by
Chairman Stemper at 7:30 p.m. in the Mukwonago Village Hall. Members present:
BAUER, JONES, KELLY, ADLER, STEMPER. Also present: HANKOVICH and
REILLY.

Moved by Kelly, seconded by Adler to accept the minutes of the September 22, 1998
meeting as presented. Motion carried without a negative vote.

NEW BUSINESS
CONDITIONAL USE: SIGN IN P-1 ZONING – MUKWONAGO HIGH SCHOOL.
Present for appellant were: Ron Rogahn; Jane Sadowski; and Rick Swan. They would
like to place the Mukwonago High School sign at 605 School Drive. It would identify
the High School site. They would move the proposed sign 100 feet east of the present
sign. The current sign sits on a berm. Proposed sign would be a pedestal sign and it
would be setting below the berm if left at the current location. If the site for the sign is
moved then it would be more in the middle of the school. Sign will have interior
lighting. Base of sign will be painted with a texture finish. That area will not be used for
other signs. This sign doesn’t exceed 100 square feet. Clearance under the sign does not
meet code.
Moved by Kelly that we grant the Mukwonago High School a conditional use permit to
construct a post mounted sign to replace the ground mounted sign. The sign would be
placed with a 15 foot setback measured from the furthermost north point. The sign will
be located approximately 100 feet east of the present sign for better visibility. Motion is
made for the following reasons: (1) The location of the School; (2) Sign will not
obstruct any vehicle vision; (3) Old sign is neat, but new sign will be a welcome
addition; (4) Glaring of lights should not interfere with oncoming traffic. Seconded by
Jones. Motion carried unanimously upon roll call.
VARIANCE FOR THE CONSTRUCTION OF GARAGE AT 437 ATKINSON
STREET.
Appellant Richard Trueman was present to discuss the construction of a detached garage
on his property. The house is located on the back part of his property. There is no room
to locate a garage behind his house.
Jones – Slab was poured before coming to this Board. Do you have any plans to replace
existing house?
Trueman – I may add onto the house later.
Jones – You presently share a driveway with your neighbor, what will happen now?
Trueman – Will be putting in a new driveway. I’m not sure how this will work with the
neighbor since the driveway is almost entirely on my property.
Kelly – How high will the garage be?
Trueman – About 12 feet.
Hankovich – Ordinance states that you cannot exceed 15 feet.
Kelly – What he wants to do is not any different than what other property owners in the
area have already done. It is not a self imposed hardship.
Moved by Jones, seconded by Bauer, to grant the conditional use for placement of new
garage at 437 Atkinson Street, the size will be 24’ x 24’, and it falls within our
guidelines. It will blend into the neighborhood because it will match many of the existing
garages in the area and it is acceptable to this Board as it was presented. Reason for
granting conditional use is : (1) Existing home is set far back on lot making it impossible
to place garage in rear of lot; (2) 8 out of 14 adjoining property owners in area have
detached garages; (3) Approval is based on drawing submitted; (4) and no one
appeared before this Board opposed to granting the conditional use permit. Motion
carried unanimously upon roll call.
BERG CONSTRUCTION – VARIANCE FROM THE WAUKESHA COUNTY
SETBACK REQUIREMENTS.
Attorney Shawn Reilly; Richard Mace from Waukesha County Land Use Department;
and Attorney Susan Sorrentino from Berg Construction were present to answer questions
that the Board would have on this issue.
Kelly – How did it get this far before being answered. As I understand this; this land is
subject to Village and County zoning ordinances. Lots are within 1000 feet of Phantom
Lake and then separate setback is needed because of floodplain zoning.
Mace – Berg Construction was given permission from the County for filling isolated
floodplain areas.
Sorrentino – Some floodplain exists on some lots.
Kelly – What does floodplain mean in this case.
Mace – County requires more than State, County requires a larger setback.
Stemper – Is this an isolated area?
Mace – Yes.
Kelly – When were your people made aware of the County Ordinance?
Sorrentio – 3 to 4 weeks ago.
Bauer – How did you find out?
Sorrentino – From our Engineers.
Kelly – How do these differ from other cases?
Sorrentino – If variance is not granted, then property has no use.
Stemper – Could this Board be involved in any recourse action no matter what we do?
Reilly – In any decision on any issue this Board could have action brought against it from
any party.
Kelly – When did the developer start putting the improvements in?
Hankovich – This spring.
Bauer – Does the County have a problem with the request?
Mace – Not really.
Kelly asked that the rear setback on lot 9 and parts of lots 8 & 10 and the issue of street
yard setbacks be handled as two different motions. Moved by Kelly that the rear setback
on lot 9 and parts of lots 8 & 10, pursuant to Village Ordinance and subject to Waukesha
County Floodplain Ordinance, for the property owned by Thomas and Cheryl Berg on the
project referred to as River Crest Center. The rear yard setbacks should be 30 feet of
green area. 30 foot setback is shown on map as submitted by developers engineers. This
motion is made because : (1) The floodplain area south of lots 8-9-10 is isolated; (2)
There is no other feasible use of these lots; (3) The structure is to be located 2 feet above
the 100 year flood level; (4) Appellant received approval from the County approval of
the 75 foot shore land setback in the last couple of weeks; (5) That a number of
improvements have been constructed based on the County approval. It would be unfair
to the appellant to now have to conform to the stricter rules. No one appeared in
opposition to the request. Modifications are consistent with the Village Ordinances.
Seconded by Jones. Motion carried unanimously upon roll call.
Moved by Bauer to grant variance for street yard setback of lots 7 through 10 to the
County Ordinance. Without the granting of the variance the lots would be too narrow to
construct any useable building. Depth to the rear has been reduced. County would allow
parking up to 10 feet in the front and the green space will remain the same. Seconded by
Kelly. Motion carried unanimously upon roll call.
Request for a variance for lot 6 was withdrawn from the appeal process by the appellant.

Moved by Bauer, seconded by Jones and carried to adjourn the meeting at 10:16 p.m.

Bernard W. Kahl
Village Clerk