Zoning Board of Appeals

City of Milton Zoning Board of Appeals Thursday, August 22, 2013 6:00 p.m. Council Chambers, Lower Level Shaw Municipal Center 430 E. High Street Note: Please contact City Hall at 868-6900 if you are unable to attend in order that we have a quorum. 1. Call Meeting to Order 2. Approve Agenda 3. Approve Minutes – August 8, 2013 4. Public hearing to consider a request received from Jeffrey Hansing, 1006 W. Madison Avenue for a Variance to exceed the six feet height allowance for a fence. 5. Discussion and action regarding a request from Jeffrey Hansing, 1006 W. Madison Avenue for a Variance to exceed the six feet height allowance for a fence 6. General Items 7. Motion to Adjourn **Please note that upon reasonable notice, at least 48 hours in advance, efforts will be made to accommodate the needs to disabled individuals through appropriate aids and services. For additional information to request this service, please contact the City Clerk’s office at 868-6900, 430 E. High Street, Milton, WI 53563. Notice is hereby given that a majority of the Common Council may be present at the Zoning Board of Appeals Committee meeting scheduled for above noted date and time to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the City Council pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Council will not take any formal action at this meeting. Posted by: Michelle Ebbert 08/16/2013  City of Milton Zoning Board of Appeals ~ Thursday, August 8, 2013 Call Meeting to Order Clerk Ebbert called the meeting to order at 6:00 pm. Present: Carl Schultz, Theron Dosch, Tom Kevern, Alt #1 Bruce Lippincott and Alt #2 Larry Laehn. Also Present: City Clerk Michelle Ebbert. Excused Absence: Chairperson Jim Polarski and Director of Public Works Howard Robinson. Introduction of New Members Clerk Ebbert introduced new members Bruce Lippincott and Larry Laehn. Selection of Chairperson T. Dosch nominated C. Schultz as Chairperson. B. Lippincott seconded the motion and carried. Approve Agenda T. Dosch moved to approve the agenda. T. Kevern seconded the motion and carried. Approve Minutes – July 11, 2013 T. Kevern moved to approve the minutes. L. Laehn seconded the motion and carried. Public hearing to consider a request received from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet. Chairperson Schultz opened the Public Hearing at 6:03 pm. Clerk Ebbert discussed the request for a Variance as the property owner wishes to enlarge their garage. Their lot dimensions do not meet current code setback requirements therefore requesting a variance. L. Laehn questioned the size of the addition in relation to the setback reduction request. B. Lippincott asked the homeowner if they know how the lot became the current dimensions. Ms. Sandee stated the previous owner had owned her property and the adjacent property to the east. Upon sale, it was noted that Ms. Sandees’ property was not completely on her lot therefore the lot lines were adjusted to accommodate the location of the house. Chairperson Schultz closed the Public Hearing at 6:06 pm. Discussion and action regarding a request from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet. Chairperson Schultz read the standards that must be met in order to grant a variance. Unnecessary Hardship - which is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity, is unnecessary burdensome. Unique Property Limitation – a unique physical characteristics of the property, not the desires of or condition personal to the applicant, must prevent the applicant from development in compliance with the zoning ordinance Protection of the Public Interest – in granting of a variance must neither harm the public interest nor undermine the purposes of the ordinance. The board’s actions should be consistent with the objectives states in their local ordinance, which (in the case of a floodplains or shoreline ordinance) has been adopted to meet minimum state statutory requirements. Additional Court – Established Principles – Violations by or variances granted to neighboring owners do not justify a variance. Variances attach to the property as a permanent right. Once a variance is granted, it is permanently attached to the property. A new owner of the property may make use of a variance that was granted to the previous owner if all of the conditions that are attached to the variance are met. B. Lippincott moved to grant a Variance to Diane Sandee at 326 Vernal Avenue. T. Dosch seconded the motion and carried. General Items Next meeting is scheduled for Thursday August 22nd at 6:00 pm. Motion to Adjourn T. Kevern moved to adjourn the meeting at 6:13 pm. T. Dosch seconded the motion and carried. Respectfully submitted Michelle Ebbert City Clerk  NOTICE OF PUBLIC HEARING The City of Milton Zoning Board of Appeals will hold a public hearing on Thursday, August 22, 2013, at 6:00 p.m. in the Council Chambers, 430 E. High Street, to consider a request received from Jeffrey Hansing, 1006 W. Madison Avenue for a Variance to exceed the six feet in height allowance for a fence per section 78-316(10) of the City of Milton Code of Ordinances. This property is located at 1006 W. Madison Avenue. This property is zoned R-2 (Residential). Sec. 78-316(10) Fences. In the residential districts, fences shall be permitted, provided that no fence shall exceed six feet in height. All interested persons or their agents will be heard at said hearings after which final determinations will be made. This notice is given under Section 78 of the Municipal Code of Ordinances. James Polarski, Chairman Request received in office: 08/02/2013 Published in The Milton Courier: 08/08/2013 Notices mailed to the following: 08/09/2013 ------------------------------------------------------------------------------------------------------------------- Jeffrey Hansing 1006 W Madison Avenue Milton WI 53563 Erwin Schuette 1016 W Madison Avenue Milton WI 53563 Michael Davis 1024 W Madison Avenue Milton WI 53563 Edward Windle 1063 W Sunset Drive Milton WI 53563 Christine Schroeder 1053 W Sunset Drive Milton WI 53563 Christopher Williams 1045 W Sunset Drive Milton WI 53563 John Neubauer 1023 Sunset Drive Milton WI 53563 Jeffrey Schultz 7919 N Tocoho Trail Edgerton WI 53534 Matthew Stalker 127 N Crescent Drive Milton WI 53563 Edward Langer 207 N Crescent Drive Milton WI 53563 Thomas Westrick 116 N Crescent Drive Milton WI 53563 William Foster 917 Lamar Drive Milton WI 53563 Randy Massoglia 930 W Madison Avenue Milton WI 53563 John Geske 922 W Madison Avenue Milton WI 53563 Michael Kreger 204 N Crescent Drive Milton WI 53563 Mark McDaniel 916 Lamar Drive Milton WI 53563 C Richard Anderson 931 W Madison Avenue Milton WI 53563 Ryan O’Flahrity 1005 W Madison Avenue Milton WI 53563 William Schoen 1015 W Madison Avenue Milton WI 53563 Neil Lubke 1023 W Madison Avenue Milton WI 53563 Dennis Havens 1031 W Madison Avenue Milton WI 53563 Mayor, Brett Frazier Common Council Members City Administrator, Jerry Schuetz Ald Dave Adams City Attorney, Mark Schroeder Ald Nancy Lader City Clerk, Michelle Ebbert Ald Theresa Rusch Director of Public Works, Howard Robinson Ald Maxine Striegl Police Chief, Dan Layber Ald Don Vruwink City Assessor, Lee De Groot Ald Anissa Welch Zoning Board of Appeals: Chair James Polarski, Theron Dosch, Ken Holland, Thomas Kevern, Carl Schultz, Bruce Lippincott (Alt #1) and Larry Laehn (Alt. #2) Plan Commission Members: Lynda Clark, Ethel Himmel, Nancy Lader, Dave Ostrowski, Howard Robinson and Maxine Striegl. Individuals who are unable to attend the Public Hearing may submit comments to:  MAIL: Milton City Hall, 430 E. High Street, Milton WI 53563  E-MAIL: mebbert@milton-wi.gov or hrobinson@milton-wi.gov  PHONE: 868-6900  FAX: 868-6927