Board of Zoning Appeals

7725 W. North Avenue Wauwatosa, WI Wauwatosa, WI 53213 Board of Zoning Appeals Meeting Minutes - Final Thursday, September 28, 2023 6:00 PM Zoom Only: https://us02web.zoom.us/s/89325102239, Meeting ID: 893 2510 2239 Regular Meeting CALL TO ORDER Meeting was called to order at 6:03 PM. ROLL CALL Present 4 Member James Bittner Member Richard Brunner Member Michael Mazmanian Member Patricia Stone Excused 1 Member, Chair David Kern PRESENT Arthur Pinon, Planner Ying Xiong, Office Assistant NEW BUSINESS 1. Request from Guy Landgraf for a variance to the required lot coverage 23-646 requirements for a detached garage at 7911 W. Clarke Street in the Two-unit Residential (R2) zone. Background The applicant is requesting a variance to the lot coverage requirements for a detached garage at 7911 W. Clarke Street in the Two-unit residential (R2) zone. With exception to lot coverage, the proposed detached garage meets all required development standards including setbacks and height. Proposed Garage: Two (2) variances are requested: 1. Lot coverage proposed for accessory structure (detached garage): 14% 2. Lot coverage proposed for all structures (detached garage plus principal building): 38% Allowed by City Code: Per WMC 24.02.030, required lot coverage is as follows: 1. Accessory structure (detached garage): 12% 2. All principal and accessory buildings combined: 37% The applicant letter, property survey, garage plans, and photos are attached. Page 1 of 3 Board of Zoning Appeals Meeting Minutes - Final September 28, 2023 Recommendation The standard four criteria should be applied to make the determination for the requested variances: 1. Exceptional circumstances do exist pertaining to this lot. 2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity. 3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interests. 4. That the difficulty or hardship was not created by the property owner. There was discussion between the Board and the applicants regarding the reasons for the variance request from the applicant's point of view. Topics consisted of a porch that is not screened and only usable for a limited time of the year, the garage originally being built in 1928, being unable to build the garage up due to the overhead wires and landscapes and talking to the surrounding neighbors as they are in support . Arthur Pinon, Planner, mentioned of a letter in support by Alder Tilleson and verified a demo permit is needed to raze the existing garage and shed. Mr, Bittner had a question regarding the new garage being in compliance regarding to the setback. Arthur Pinon informed that the new garage is in compliance with the setback as well as the height and the only standard the applicants are proposing the variance is for the lot coverage. Also Arthur Pinon verified the current garage was not in compliance in regards to the setback. Mr. Bittner made a comment regarding the exceptional circumstances to the lot as the applicant stated of having a open porch and asked the applicant to explain why the garage couldn't be brought to compliance by reducing the square footage by 96 sq ft. Applicant stated they wanted to see if they can make it work and that the porch isn't exceptional but if they didn't have it they easily can fit in the square footage. Applicant verified the existing garage is 19x20, 380 sq ft. and their lot is a lot smaller than the surrounding neighbors. Mr. Mazmanian had a question to staff regarding where the 37 and 12 percentages of the limitations for R2 zone were established. Arthur Pinon stated he was uncertain on how the specific numbers were established however lot coverage is a requirement and there are a couple of things that goes into it such as it helps regulate intensity of land use, preventing too much of the lot being covered by a building, aesthetics and storm water aspects as well. Applicants verified the shed is 96 sq ft and the calculations are based on the proposed structure of the new garage . Josh Reinhardt, 7905 W Clarke, spoke in support of the applicants No one spoke against the applicants Mr. Brunner's motion will be for the variances under consideration to be approved however did not pass due to a lack of a second. Mr. Bittner's motion will be for the variances under consideration to be denied however did not pass due to a lack of a second. Discussion was had and Ms. Stone seconded Mr. Bunner's motion for the variances under consideration to be approved as the criteria could be met for the variance with the certainty that if the new garage is built as outlined that the shed will be removed as an accessory structure on the property even though it doesn't need the 150 sq ft. 1. Exceptional circumstances do exist pertaining to this lot. Mr. Mazmanian added that there are exceptional circumstances given the location of the power lines and the inability to move those to create additional space for a second story to create storage and they are making an existing nonconformity better by bringing the side lot lines into compliance. 2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity. Page 2 of 3 Board of Zoning Appeals Meeting Minutes - Final September 28, 2023 3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interest . Mr. Bittner added that two neighbors voiced in support of this and there were no comments who spoke in opposition. 4. That the difficulty or hardship was not created by the property owner as Mr . Brunner stated it was built back in the 20s. Mr. Brunner amended his motion regarding the criteria the other Board members included . It was moved and seconded ( Brunner / Stone) to approve the variance. The motion carried for the variance for 7911 W Clarke Street to be approved . Ms. Stone added that the applicants have one year to utilized this variance for the purpose of building the new garage consistent with the motion and plans presented. RESULT: APPROVED MOVER: Richard Brunner SECONDER: Patricia Stone Aye: 3 Brunner, Mazmanian, and Stone Nay: 1 Bittner Excused: 1 Kern ADJOURNMENT Meeting was adjourned at 6:47 PM. Page 3 of 3