VILLAGE OF PEWAUKEE
ZONING BOARD OF APPEALS
May 6, 2021
1. Call to Order and Roll Call
Clerk Smith called the meeting to order at approximately 6:00 p.m.
Roll Call was taken with the following present: Kristine Tawil, Paul Evert, Susan Seagrist and Theresa Opie. Douglas Joers, Leah Wank and Patricia Stonger were excused.
Also Present: Mark Blum, Village Attorney; Mary Censky, Village Planner and Cassie Smith, Village Clerk.
Clerk Smith asked the board for recommendations for acting as chairperson.
Kristine Tawil offered to Act as the Chairperson for the May 6, 2021, Zoning Board of Appeals meeting.
Opie moved, seconded by Evert to approve Kristine Tawil as the Acting Chair for the May 6th, 2021 Zoning Board of Appeals Meeting.
Motion carried 4-0.
1. Call to Order and Roll Call
2. Approval of Minutes
a. October 22, 2020
Tawil moved, seconded by Seagrist to approve the October 22, 2020 minutes of the Zoning Board of Appeals meeting as presented.
Motion carried 3-0-1; Evert abstained.
3. Public Hearing
a. To consider a Request of Jeff and Suzi Ellington, as applicants and property owners, to construct a new home with an attached garage structure at 433 Park Avenue which exceeds the 30 % Maximum Building Coverage Ratio as set forth in Section 40.210.5.2 of the Village Code.
Planner Censky stated that the applicant's lot is on Park Ave and with an existing home and detached garage where the applicant would like to tear down the existing structures and replace them with a new home and attached garage. The current plans for the new buildings would put the footprint coverage of all the buildings and the associated impervious surfaces over the open space limit for this property. Planner Censky showed the staff memo and map provided by the applicant on the screen and went over the lot specifics stating the lot is 5,246 sq. ft. in area and 30% of that would equal 1,573 sq.ft. The proposed home and attached garage have an area footprint of 1,816 sq.ft which is in excess of the permitted building coverage area ratio according to the zoning code. Censky showed the map.
Attorney Blum clarified that the lot is .14 acres which is one of the smallest lots in the Village; Censky confirmed. Tawil stated that exceptions have already been made for the setbacks on this property. Planner Censky stated that is true, setbacks have been approved for the side yard and street yard setbacks. Attorney Blum referred to the Villages code as listed on the staff memo provided by Planner Censky and he referred to the 3 findings needed to approve a request which includes:
1) Are the restriction on the property unnecessarily burdensome preventing from using the property for its permitted purpose?
2) Do physical limitations prevent compliance with the ordinance standards?
3) Could the applicant's request have a negative impact on surrounding lands?
Mr. Ellington was sworn in by Village Attorney Mark Blum.
Jeff Ellington @ 433 Park Ave - Mr. Ellington stated that he has been in Pewaukee for 25 years and bought the current property which they have been living in for the past 6 months. The .14 acre lot includes a portion of the road. His request includes a 2,486 sq. ft. home with an attached garage. The Plan Commission has approved a 1' variance to the side lot and a 13' setback variance from the road. The unnecessary hardship is due to this property being one of the smallest lots in the R-5 zoning district and with the current setbacks, they would not be able to build within the current code standards. The property is narrow and slopes about 15' from the road to the lake so building options are limited. Safety will be improved with the new building due to the garage being setback further so that the current blind spot is eliminated. Ellington stated that the neighbors are in favor due to the safety hazard of the current garage.
Mrs. Ellington was sworn in by Village Attorney Mark Blum.
Suzi Ellington @ 433 Park Ave - Mrs. Ellington added that she witnessed 3 significant problems due to backing out of the driveway.
Jeff Ellington @ 433 Park Ave - Mr. Ellington added that the garage will be square with the street and not angled with the oncoming traffic. The setback of the proposed new building will be 13' from the road which will give plenty of room to get out of the drive safely. Mr. Ellington responded to Attorney Blum, that without this variance he can't build the structure that solves the issue. Mr. Ellington stated that they have a modest structure for this lot and have modified it as best they can. They would not build the structure without the variance approval.
Lara Rossi with Aspire Homes was sworn in by Village Attorney, Mark Blum.
Ms. Rossi stated that she is the Ellingtons builder and stated that no negative feedback has been given by any neighbor. The owners completed a new survey showing the more accurate square footage calculations of the property and due to the restrictions on the first floor at 1,000 sq. ft. and the 576 sq. ft of garage space; those minimum restrictions would not be obtainable on the new home or on the current lot.
Mr. Ellington responded to Planner Censky stating that the proposed building will increase the impervious space by 15.9%. Planner Censky stated that the nature of the lake lots is the more impervious space that can be garnered is the better.
Dave Adams, the applicant's architect with Aspire Homes was sworn in by the Village Attorney, Mark Blum.
Mr. Adams stated that the property has quite a slope. The connection of the garage and the house requires extra space especially due to the elevator and stairway transitions.
Attorney Blum read the information given into the record:
1) A drawing of the north elevation
2) A second elevation drawing
3) Plat of survey from 1983
4) Plat of survey from 2/5/2021
5) Updated plat of survey with surface calculations
6) The staff report prepared by the Village Planner
7) Applicant write-up dated March 21, 2021
Tawil closed the public hearing at 6:40 p.m.
4. New Business
a. Discussion and Possible Action to consider a Request of Jeff and Suzi Ellington, as applicants and property owners, to construct a new home with attached garage structure at 433 Park Avenue which exceeds the 30 % Maximum Building Coverage Ratio as set forth in Section 40.210.5.2 of the Village Code.
Attorney Blum reiterated the findings that are needed.
1) Are the restriction on the property unnecessarily burdensome preventing from using the property for its permitted purpose?
2) Do physical limitations prevent compliance with the ordinance standards?
3) Could the applicant's request have a negative impact on surrounding lands?
Tawil stated that based on the testimony given and documentation given all findings have been met. Seagrist stated that based on the size of the lot, how narrow the lot is, and the issue with the lot line being in the middle of the street adds to the undue hardship to the building of a home. Based on the lot size and the safety concerns regarding the lot she does believe there is a hardship in building the structure. Opie agrees and believes it is a safety concern and the lot size is an unnecessary hardship. Evert stated that the lots were plotted way too small so he agrees with all said.
Evert moved, seconded by Opie to approve the variance request for 433 Park Ave as requested due to the comments made by the Board in their discussion along with the following conditions:
1) There were no adverse comments were made about the application
2) The physical limitation due to the lot being one of the smallest lots in the R-5 zoning district
3) The change in the topography that requires the adjustment to the design of the structure which increases the footprint to construct a residence
4) The safety of the garage in relation to the proximity to the street
Motion carried 4-0.
Attorney Blum informed the standard provision is to utilizing the granting of the variance within 12 months from the approval.
b. Discussion and Possible Action to Determine Future Meeting Date (if needed).
No action taken.
5. Adjournment
Evert moved, seconded by Seagrist to adjourn the May 6, 2021, Regular Zoning Board of Appeals meeting at approximately 6:56 p.m.
Motion carried on roll call vote 4-0.
Respectfully Submitted,
Casandra Smith
Village Clerk