VILLAGE OF PEWAUKEE
ZONING BOARD OF APPEALS
November 28, 2022
1. Call to Order and Roll Call
Clerk Smith called the meeting to order at approximately 6:00 p.m.
Clerk Smith asked the Board for recommendations for acting as chairperson.
T. Opie offered to Act as the Chairperson for the November 28, 2022, Zoning Board of Appeals meeting.
P. Evert moved, seconded by E. Krasovich to approve T. Opie as the acting Chair for the November 28th, 2022, Zoning Board of Appeals Meeting.
Motion carried 4-0.
Roll Call was taken with the following present: Theresa Opie, Eric Krasovich, Paul Evert, and Jim Kruswicki. Douglas Joers, and Alternate Patricia Stonger, were excused.
Also Present: Village Attorney, Mark Gralinski; Village Planner, Mary Censky; and Village Clerk, Casandra Smith.
2. Approval of Minutes - July 22, 2021
P. Evert moved, seconded by E. Krasovich to approve the minutes of the July 22, 2021 meeting as presented.
Motion carried 4-0.
3. Public Hearing
a. To consider a Request of Ben Mohns Jr. to construct an attached deck feature onto the south wall of the existing principal building at this site, which deck feature addition will result in a building setback between 33.31 feet and 33.74 feet from the ultimate road right-of-way line of Bluemound Road (CTH “JJ”), where the Code calls for a minimum 35-foot setback. This .9+/- acre property, located at 357 Morris Street, is zoned R-M Multi-Family Residential.
T. Opie opened the public hearing at approximately 6:04PM.
Planner Censky explained that Mr. Mohns has requested a variance in the R-M district, specifically, from code
40.231 which specifies that a 35’ minimum setback is required from the ultimate right-of-way line of any public street, road, or highway upon which the subject property abuts. The proposal would cause two (2) proposed decks to have a 33.31’ and 33.74‘ (at their southwest and southeast corners respectively) setback on the south side of the building, which abuts the public road Highway JJ. Censky confirmed that the Fire Chief has noted that the ability to provide decks to the units would enhance fire safety for the residents. Censky also informed the Board that a ramp was previously located on the property and which has since been removed, but the old footings which are still there in the ground show that the ramp was encroaching at least as far, if not further, into the setback than the proposed decks would be.
Attorney Gralinski read the standards from the Village Code and in summary, he indicated that the commission
must provide evidence to show that the following criteria are met to grant the variance:
• Determine if the property is/has a unique condition;
• Due to the unique property condition, would enforcement of the ordinance provisions will cause an unnecessary hardship;
• The variance is not contrary to the public interest
Ben Mohns – Applicant/Owner for 357 Morris St – Mr. Mohns was sworn in by Attorney Gralinski. Mohns explained that a previous owner had constructed the building and had placed a ramp within the 35’ setback. The ramp has since been removed but Mr. Mohns noted that the proposed new decks would only encroach about the same distance as that ramp had. Mohns had a survey made of the property which showed that the decks would come close, but not quite meet the required 35’ setback. At the southwest corner, they would be setback at 33.31’ and at the southeast corner, 33.74. The building was not built parallel to the south lot line, it’s closer on the west end making it difficult to maintain the 35’ setback all the way across as required by code. All the other decks were approved by the Planning Commission because they do comply with the Code as to setbacks. Mohns stated that the Fire Chief had been contacted and felt it was advantageous to install decks for emergency rescue services. Mohns stated that he sent a letter to all abutting property owners and not one was against his proposal.
E. Krasovich asked about the ramp and asked why he removed it. Mr. Mohns stated that the ramp was removed before he took ownership. The footings that are still on site (at grade and below) reveal that the former ramp encroached on the setback more than what the proposed decks would be.
Mr. Mohns responded to P. Evert that the building may not have been constructed as originally approved, in terms of setbacks. P. Evert stated that the property is surrounded on three sides by roads making it difficult to build between the south side of the building and the south lot line of the property.
Mr. Mohns stated that this property is somewhat unique in how the property tapers at one end and is not square in relation to the building. Also, it is surrounded by roads on three sides. He feels the hardship regarding the decks for the property is about diminished ease of emergency rescue service. The decks provide more rescue access for the tenants in the event of an emergency. Also, if there were no decks in some of the units, he will experience decreased rent revenue for those units which are perceived as less safe and enjoyable.
Mr. Mohns responded to E. Krasovich, yes, the patio doors are already installed and if decks are not approved, they would have to put bars back in front of the doors.
Attorney Gralinski noted for the record the following documents have been submitted by the applicant:
• Staff report dated 11/28/2022
• Applicant letter (2 pages) dated 10/19/2022
• Property drawing EX-PRL-1
• Exterior photos (4)
• Renovation Plans T1.0
• Renovation Plans S1.0
• Renovation Plans A1.1
• Renovation Plans A1.2
• Renovation Plans A2.0
• Renovation Plans A2.1
T. Opie closed the Public Hearing at approximately 6:34 p.m.
4. New Business
a. To consider a Request of Ben Mohns Jr. to construct an attached deck feature onto the south wall of the existing principal building at this site, which deck feature addition will result in a building setback between 33.31 feet and 33.74 feet from the ultimate road right-of-way line of Bluemound Road (CTH “JJ”), where the Code calls for a minimum 35-foot setback. This .9+/- acre property, located at 357 Morris Street, is zoned R-M Multi-Family Residential.
T. Opie indicated that she favors the request due to the property being a unique property due to how the lot tapers and because the decks would provide an increase in safety.
J.Kruswicki was in favor of the request as presented.
P. Evert stated that it is not the applicant’s fault that the construction was not completed parallel to the lot lines. Due to the safety increase and the property abutting 3 roads on 3 sides; he is in favor of this request.
E. Krasovich agreed with other members and stated that it would be a hardship if the decks were not approved especially if a person is disabled or injured and not able to escape.
J. Kruswicki moved, seconded by E. Krasovich, to approve the setback variance request for 357 Morris Street to construct an attached deck feature onto the south wall of the existing principal building at this site, where the deck addition will result in a building setback between 33.31 feet (at the southwest corner of the deck) and 33.74 feet (at the southeast corner of the deck) from the south lot line (i.e., the ultimate road right-of-way line of Bluemound Road (CTH “JJ”), where the Code specifies a minimum 35-foot setback would otherwise be required.
Motion carried 4 - 0.
5. Adjournment
E. Krasovich moved, seconded by P. Evert, to adjourn the November 28, 2022, Zoning Board of Appeals meeting.
Motion carried 4 - 0.
Meeting adjourned at approximately 6:41 p.m.
Respectfully Submitted,
Casandra Smith
Village Clerk