Shorewood Board of Appeals Meeting Agenda July 10, :30 P.M. Shorewood Village Hall Court Room 3930 N. Murray Avenue, Shorewood, WI 53211

Transcription

1 Shorewood Board of Appeals Meeting Agenda July 10, :30 P.M. Shorewood Village Hall Court Room 3930 N. Murray Avenue, Shorewood, WI Call to Order. 2. Roll Call. 3. Statement of Public Notice. 4. Approval of June 12, 2018 meeting minutes. 5. Attorney to review the standards by which the Board of Appeals must abide. 6. Public Hearing: Appeal of building inspector denial to construct a detached garage at residential property 2410 E. Shorewood Blvd. 7. Public Hearing: Appeal of building inspector denial to construct a detached garage at residential property 2406 E. Shorewood Blvd. 8. Consideration of appeals of building inspector denials to construct a detached garage at residential properties 2406 & 2410 E. Shorewood Blvd. 9. Adjournment. PLEASE BE ADVISED THAT A REPRESENTATIVE OF THE APPLICANTS FOR THE ABOVE ITEMS MUST BE PRESENT AT THIS MEETING. Dated at Shorewood, Wisconsin, this 28 th day of June, 2018 Village of Shorewood Sara Bruckman Village Clerk

2 1 VILLAGE OF SHOREWOOD BOARD OF APPEALS MINUTES June 12, 2018 DRAFT 1. Call to Order Mr. Paulson called the meeting to order at 5:36 p.m. 2. Roll Call Members present: Adam Burns, Michael Paulson, Karen Tidwall (5:40) Jon Toutenhoofd. A quorum was noted present. Others present: Village Attorney Nathan Bayer, Building Inspector Justin Burris, and Village Clerk Sara Bruckman. 3. Statement of Public Notice Village Clerk Sara Bruckman stated that the meeting had been posted and noticed according to law. 4. Approval of Minutes of February 13, 2018 Mr. Burns moved, seconded by Mr. Paulson to approve the Board of Appeals minutes of February 13, 2018 with the noted changes as presented. Motion carried Mr. Paulson outlined procedures for the meeting. Attorney Bayer stated the particular property that is subject for an application of a variance is 4440 N. Farwell Avenue, the condition they are asking to be allowed violates the standards of the code. Attorney Bayer reviewed the standards by which the Board of Appeals must abide. Attorney Bayer indicated that all appeals were for variances and read Zoning Code Section (2), which states Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purpose of this chapter shall be observed and the public safety, welfare and justice secured. Attorney Bayer read Zoning Code Section , which states, No variance to the provisions of this chapter shall be granted by the Board unless it finds that all of the following facts and conditions exist and so indicates in the minutes of its proceedings: (a) Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot, parcel or structure that does not apply generally to other properties in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed. (b) Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and the spirit of this chapter or the public interest. 6. Appeal of building inspector denial to construct a six-foot fence side yard at residential property, 4440 N. Farwell Avenue. Justin Burris was sworn in. April 13 Mr. Burris denied the building permit application because the application was for a six-foot-tall fence that ran parallel to the property and the fence is within 6 feet of the house. The applicable building code regulation states specifically no fence more than 4 feet in height maybe erected between adjoining properties, when a fence parallels an existing property and the distance between the fences and the residence on either property is less than six feet. A little history on the; property, in 2005, a rear addition was constructed at 4440 N. Farwell. The neighbors at 4444 N. Farwell had an existing six-foot-tall fence on the south side of their lot, that abutted their addition. So it was already a situation where they created a legal non-conforming situation. Since that time the neighbor has removed that section of their fence and our applicant today is looking to replace that section of the fence on their property. The Village in this case actually supports the variance, due to the fact the applicant is the only affected party by having that fence abut their house. The neighboring use is a driveway and using as a parking area, it s adjacent to the living room which is the area that was added on to the back of the house, it seems unnecessarily restricted to not allow the owners to install that fence. The intent and purpose of the code is to allow for adequate light and ventilation around homes. Since the applicant is

3 2 the only affected party, it seems unreasonable to not allow them to do that. Within the packet we have the Board of Appeals application, the building permit application, the denial letter as well as a few maps and pictures and the findings. Mr. Paulson asked if there were any questions of staff, none were stated. Mr. Paulson stated this is a situation where there is a repair to nonconforming use, so it would still violate the code? Mr. Burris explained that it is a literal replacement of what had been legal nonconforming use. Mr. Toutenhoofd inquired if it changes anything with water runoff. Mr. Burris said it does not. Mr. Burns asked since the Village is in favor of the variance, still capturing the two elements of extraordinary and exceptional circumstances. Mr. Burris stated what he noticed on the Village s application, it speaks to things to consider, with one of them being neighboring uses. One of the pictures shows, it s a driveway, that they park their vehicles on, so now looking out of their living room the applicant is just looking at parked vehicles. He cannot say one way or another that this is absolutely unique to this property or not. The Village, in having to come here today in reviewing the way this code section is written, if the variance is granted the Village will look at rewriting the code article so this would not have to come back again. He stated it s unreasonable, because the only way it would affect the neighboring property is if they tore that house down and built their house three feet off the lot line; the idea is to have six feet between houses because the setback in three feet. Linda Zukowski 4440 N. Farwell Avenue was sworn in. Ms. Zukowski stated they purchased the home in 2004 and the fence was there. Then the addition was constructed and there was no reason for them to take down the fence. They do have fence in other areas but the reason they decided not to replace the fence is because they no longer have a dog and this is what the gate led too. The property owner did not take it down for reasons they didn t want it there, it was falling down. Ms. Zukowski confirmed she had a letter from the neighbor in support of a them constructing a fence. She also explained after it came down, one of the things that occurred to us, our air conditioning unit is there, when the neighbors are backing out, we are concerned the air conditioning unit may get hit. Now all of a sudden, we are looking at garbage cans and they are parked right in front of our window. It now feels a little awkward since the lots are small in Shorewood this would allow for a lot of privacy if there was a fence. Mr. Paulson noted there was no one from the public either for or against the construction of the fence. Mr. Toutenhoofd inquired since there was a fence there before, would you install the same style? Ms. Zukowski stated yes. It s going to bud up to existing fence so we are going to match what is installed already. The neighbor is in agreement with this. Mr. Paulson closed the testimony at 5:51 p.m. Mr. Paulson stated if we were to apply the literal language of the code, this fence would clearly be in violation of the building code. However, as staff has presented it, there is no practical problem with putting up a six-foot fence, there s no determent to the neighborhood or neighbors for putting the fence up here. The question as always, does this provide some practical difficulty, exceptional circumstances, hardship that would justify the granting of a variance in this case would not extend to other properties in the Village such that we would have not enforceable fence code. It seems to me, under the particular geography of these adjacent properties where we are up against a driveway, up against a family room of the applicant, and there is no driveway access interference to any other neighbor, and the protection of the air conditioner, that we can find that there are some practical difficulties of not having a substantial fence along this property line. A six-foot fence versus a four-foot fence is not going to create any determent to access or air circulation or any of the other rationales for having a fence here. I would be

4 3 prepared to accept a motion under these particular circumstances, recognizing we are not likely to find another pair of adjacent properties that are exactly the same as this. Mr. Burns stated this unique situation will be drafted into an amended version of the article in the future. Motion Ms. Tidwall moved, seconded by Mr. Burns, to grant the variance construct a six-foot fence in the side yard at residential property 4440 N. Farwell Avenue. With all member voting aye, the motion carried 4 0 by roll call vote. 7. Adjournment Mr. Burns moved, seconded by Mr. Toutenhoofd to adjourn at 5:55 p.m. With all voting aye, the motion carried 4-0. Respectfully submitted, Sara Bruckman Village Clerk

5 Report to Board of Appeals July 10, 2018 Village of Shorewood, Wisconsin Prepared by: Building Inspector Justin Burris RE: Appeal denial of building permit applications to construct a detached one & twocar conjoined garage at 2410 E. Shorewood Blvd. and 2406 E. Shorewood Blvd. June 5, 2018 Building Inspector Justin Burris denied the building permit application because the proposed garage is to be constructed within the side and rear yard setbacks. The Building Permit application was submitted on June 4, 2018 and the Board of Appeals applications were submitted on June 11, 2018 and June 18, Parcel Information 2410 E. Shorewood Blvd. R-5 District, Single-family dwelling: Parcel Dimension: 52.5 w x d 7,208 sqft Maximum Accessory Structure: 720 sqft Parcel Information 2406 E. Shorewood Blvd. R-6 District, Two-family dwelling: Parcel Dimension: w x d w x 20 d 7,058 sqft Maximum Accessory Structure: 705 sqft Zoning Regulations: The properties are located in the R-5 & R-6 Residential Zoning Districts that allows One-Family dwellings (R-5) and One- and Two-Family dwellings (R-6). Village zoning code sections E & F (5) Setback: (a) Front, minimum: 25 feet or the average of existing setbacks on the side of the street where the property is located, between the two closest intersecting streets, whichever is greater. (b) Rear, minimum: three feet. (c) Side: [1] Interior, minimum: three feet Village zoning code section A. (4) Off-Street Parking Schedule of Requirements: (a) Single-family dwellings: there shall be a minimum of one parking space in an approved garage. (b) Two-family dwellings: one parking space in an approved garage per dwelling unit. Village zoning code section: Findings: No variance to the provisions of this chapter shall be granted by the Board unless it finds that all of the following facts and conditions exist and so indicates in the minutes of its proceedings: A. Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot, parcel or structure that do not apply generally to other properties in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed.

6 B. Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and the spirit of this chapter or the public interest. Existing Conditions Currently there is a legal nonconforming two-car shared-garage at the rear of the property providing one parking space for each property. Enforcement orders (EEN & EEN ) were issued on 03/01/2018 for repairs on the garage due to disrepair. The owners have opted to construct a new garage in lieu of maintaining the existing structure. Staff The Village is in opposition to the requested variance for the following reasons: 1. There is ample area on both properties to construct an individual two-car detached garage as the included surveys indicate. 2. The purpose of three- foot rear and side yard setback is for accessibility to structures from all sides for maintenance. Setbacks are also a way to separate uses between neighbors. 3. The property at 2406 E. Shorewood Blvd. is a duplex which requires one parking space per dwelling unit, and the proposed garage provides only one parking space in the garage. 4. The Village does not find an exceptional circumstance due to the lot configuration as there is a similar condition at properties 3926 N. Stowell Ave. and 3930 N. Stowell Ave. wherein there is a shared driveway and separate garages, and the combined width of the Stowell Ave. properties is less than that of the Shorewood Blvd. properties (see attached pictures). Materials provided: 1. Building Permit application 2. BOA applications 3. Denial letters 4. Aerial, Parcel maps 5. Survey of 2410 E Shorewood Blvd. 6. Survey of 2406 E. Shorewood Blvd. 7. Easements 8. Aerial of 3926 / 3930 N. Stowell Ave. 9. Enforcement orders EEN & EEN Pictures Zoning Section- Board of Appeals findings 2

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9 June 5, 2018 Gregory Kaftan 2410 E. Shorewood Blvd. Shorewood, WI To whom it concerns: The building permit application (P ) for the construction of a three car garage built across property boundaries has been respectfully denied per Village Code Sections Your application was received June 4, Village code section F. (5) (b) / (c) states: Setback (b) Rear, minimum: three feet. (c) [1] Interior, minimum: three feet. The building permit for the proposed garage has been denied because it does not meet the setback requirements for the R-6 zoning district. You do have the right to appeal, or provide new plans with the garage conforming to Village Code requirements. I may be reached at should you have any questions. Respectfully, Justin Burris Building Inspector Planning & Development Department

10 June 5, 2018 John Haschker 2406 E. Shorewood Blvd. Shorewood, WI To whom it concerns: The building permit application (P ) for the construction of a three car garage built across property boundaries has been respectfully denied per Village Code Sections & Your application was received June 4, Village code section F. (5) (b) / (c) states: Setback (b) Rear, minimum: three feet. (c) [1] Interior, minimum: three feet. Village code section (A) (4) (b) states: Two-family dwellings: one parking space in an approved garage per dwelling unit. The building permit for the proposed garage has been denied because it does not meet the setback requirements for the R-6 zoning district, and provides only one parking space in the portion of the garage constructed on the property of 2406 E. Shorewood Blvd. You do have the right to appeal, or provide new plans with the garage conforming to Village Code requirements. I may be reached at should you have any questions. Respectfully, Justin Burris Building Inspector Planning & Development Department

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19 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED Date: 03/01/2018 Owners Name: Gregory Kafton Owners Address: 2410 E SHOREWOOD BLVD City, State, Zip: Shorewood, WI Property Address: 2410 E SHOREWOOD BLVD Tax Key: Enforcement #: EEN Dear: Gregory Kafton Preserving the integrity of our beautiful Shorewood homes is a top priority for the village. For the majority of us, our homes are our most significant investment. Protecting our property value is a responsibility of every property owner because it affects not only our personal investment, but also the village as a whole. With that in mind, we are committed to requiring code compliance village-wide. In accordance with the Village of Shorewood s exterior maintenance program a recent inspection on 03/01/2018 of the above referenced address revealed the following deficiencies according to the Village Code. Failure to respond to this letter will result in re-inspections that may trigger forfeitures after the date indicated below. CODE REFERENCE CODE DEFICIENCY Uncorrected Structure A. Every foundation, exterior wall and roof shall be reasonably weathertight, waterproof, insectproof and rodentproof and shall be kept in a good state of maintenance and repair. Exterior Surfaces E. All exterior surfaces which are subject to rot, decay, or deterioration or which may become unsightly as a result of exposure to the elements, except roofs and the glass portion of windows, shall be protected from the elements and against decay and deterioration by an approved protective covering. Windows and Doors D. Every window, exterior door and basement hatchway shall be reasonably weathertight, insectproof and rodentproof and shall be kept in reasonably good working condition and in a reasonably good state of maintenance and repair. Drainage B. Water may be discharged to finished grade on the property where the point of discharge must be a minimum of two feet from the building and is directed to flow away from buildings, does not create an icy condition on any pedestrian walkways, and does not create a nuisance. ACTION REQUIRED: 1. Replace the deteriorated garage roof that is past its useful life, a building permit is required. 2. Repair/replace the window to a weather proof condition in a workmanlike manner.

20 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED 3. Repair/replace the garage gutters to carry water a minimum of 24 inches away from the foundation. 4. Repair/replace the exterior covering on the garage that exposes the wood framing to a rodent, insect, and weather proof condition. 5. Repair/replace the garage fascia and soffit to a rodent, insect, and weather proof condition. 6. Protect the previously painted garage with paint or other approved exterior covering, surfaces to be properly prepared and covering applied in a workmanlike manner. 7. Repair the broken concrete slab in the garage, trip hazard. COMPLETION DATE: 09/15/2018 EXTENSION If an extension is needed to comply with this order, please forward a written request, addressed to the undersigned, stating your phone number, your mailing address, the action you are taking towards compliance, and the anticipated completion date. The Planning and Development Department reserves the right to review the request before granting the extension, a revised letter will be issued as notification. APPEAL If after discussions with staff you find that you are not in agreement with the enforcement of the above listed violations, it is your right to appeal to Shorewood s Board of Appeals within 30 days of receipt of this order. The Board of Appeals meets once a month. Forms and explanations are available at the Planning & Development Department at Village Hall or online on the Village website villageofshorewood.org under Application Forms. NEXT STEPS You are strongly encouraged to contact me as soon as you receive this letter so that we can work together to bring the above referenced violation(s) into compliance. I may be reached at (414) Monday through Friday, 8:00 A.M.- 4:30 P.M. or by at tkoepp@villageofshorewood.org. Respectfully, Tim Koepp Code Compliance Inspector Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211

21 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED

22 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED

23 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED Date: 03/01/2018 Owners Name: John Haschker Owners Address: 2406 E SHOREWOOD BLVD City, State, Zip: Shorewood, WI Property Address: A E SHOREWOOD BLVD Tax Key: Enforcement #: EEN Dear: John Haschker Preserving the integrity of our beautiful Shorewood homes is a top priority for the village. For the majority of us, our homes are our most significant investment. Protecting our property value is a responsibility of every property owner because it affects not only our personal investment, but also the village as a whole. With that in mind, we are committed to requiring code compliance village-wide. In accordance with the Village of Shorewood s exterior maintenance program a recent inspection on 03/01/2018 of the above referenced address revealed the following deficiencies according to the Village Code. Failure to respond to this letter will result in re-inspections that may trigger forfeitures after the date indicated below. CODE REFERENCE CODE DEFICIENCY Uncorrected Structure A. Every foundation, exterior wall and roof shall be reasonably weathertight, waterproof, insectproof and rodentproof and shall be kept in a good state of maintenance and repair. Exterior Surfaces E. All exterior surfaces which are subject to rot, decay, or deterioration or which may become unsightly as a result of exposure to the elements, except roofs and the glass portion of windows, shall be protected from the elements and against decay and deterioration by an approved protective covering. Drainage B. Water may be discharged to finished grade on the property where the point of discharge must be a minimum of two feet from the building and is directed to flow away from buildings, does not create an icy condition on any pedestrian walkways, and does not create a nuisance. Windows and Doors D. Every window, exterior door and basement hatchway shall be reasonably weathertight, insectproof and rodentproof and shall be kept in reasonably good working condition and in a reasonably good state of maintenance and repair. ACTION REQUIRED: 1. Replace the deteriorated garage roof that is past its useful life, a building permit is required. 2. Repair/replace the window to a weather proof condition in a workmanlike manner.

24 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED 3. Repair/replace the garage gutters to carry water a minimum of 24 inches away from the foundation. 4. Repair/replace the exterior covering on the garage that exposes the wood framing to a rodent, insect, and weather proof condition. 5. Repair/replace the garage fascia and soffit to a rodent, insect, and weather proof condition. 6. Protect the previously painted garage with paint or other approved exterior covering, surfaces to be properly prepared and covering applied in a workmanlike manner. 7. Repair the broken concrete slab in the garage, trip hazard. COMPLETION DATE: 09/15/2018 EXTENSION If an extension is needed to comply with this order, please forward a written request, addressed to the undersigned, stating your phone number, your mailing address, the action you are taking towards compliance, and the anticipated completion date. The Planning and Development Department reserves the right to review the request before granting the extension, a revised letter will be issued as notification. APPEAL If after discussions with staff you find that you are not in agreement with the enforcement of the above listed violations, it is your right to appeal to Shorewood s Board of Appeals within 30 days of receipt of this order. The Board of Appeals meets once a month. Forms and explanations are available at the Planning & Development Department at Village Hall or online on the Village website villageofshorewood.org under Application Forms. NEXT STEPS You are strongly encouraged to contact me as soon as you receive this letter so that we can work together to bring the above referenced violation(s) into compliance. I may be reached at (414) Monday through Friday, 8:00 A.M.- 4:30 P.M. or by at tkoepp@villageofshorewood.org. Respectfully, Tim Koepp Code Compliance Inspector Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211

25 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED

26 RESIDENTIAL INSPECTION REPORT ACTION REQUIRED

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33 2406/ 2410E. ShorewoodBlvd /22/2018, 12:48:14PM Parcels 1: mi km MilwaukeeCountyLandInformationOffice Shorewood, WI MilwaukeeCountyLandInformationOffice

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37 3930/ 3926N. Stowell /21/2018, 10:11:37AM 3920 Parcels : mi km MilwaukeeCountyLandInformationOffice Shorewood, WI MilwaukeeCountyLandInformationOffice

38 3930/ 3926N. Stowell /21/2018, 10:13:09AM 3920 Parcels : mi km MilwaukeeCountyLandInformationOffice Shorewood, WI MilwaukeeCountyLandInformationOffice

39 Shorewood Board of Appeals- Zoning Chapter 535 ARTICLE X. Board of Appeals Hearings. CHAPTER 535: ZONING The Board of Appeals shall fix a reasonable time and place for the hearing, give public notice thereof as required by law, and shall give due notice to the parties in interest and the Planning and Development Department. At the hearing the appellants may appear in person, by agent, or by attorney Findings. No variance to the provisions of this chapter shall be granted by the Board unless it finds that all of the following facts and conditions exist and so indicates in the minutes of its proceedings: A. Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot, parcel or structure that do not apply generally to other properties in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed. B. Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and the spirit of this chapter or the public interest Decision. The Board of Appeals shall decide all appeals and applications within 30 days after final hearing and shall transmit a signed copy of the Board's decision to the appellant and the Planning and Development Department. A. Conditions may be placed upon any permit ordered or authorized by this Board. B. Variances granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant Review by court of record. Any person or persons aggrieved by any decision of the Board of Appeals may present to a court of record a verified petition 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 Secretary.