VILLAGE OF PEWAUKEE
ZONING BOARD OF APPEALS
July 24, 2023
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.
E. Hill nominated E. Krasovich to Act as the Chairperson for the July 24, 2023, Zoning Board of Appeals meeting.
E. Hill moved, seconded by P. Evert to approve E. Krasovich as the acting Chair for the July 24th, 2023, Zoning Board of Appeals Meeting.
Motion carried 5-¬0.
Roll Call was taken with the following present: Theresa Opie, Eric Krasovich, Paul Evert, Kelly Berriman, Alternate E. Hill, and Alternate Patricia Stonger; Doug Joers was excused. Alternate Patricia Stonger remained at the meeting but was not a participating member.
Also Present: Village Attorney, Matt Gralinski and Village Clerk, Casandra Smith.
2. Approval of Minutes – November 28, 2022
P. Evert moved, seconded by K. Berriman to approve the minutes of the November 28, 2022, meeting as presented.
Motion carried 4-0-1; E. Hill abstained.
3. Public Hearing
a. On the request of property owner/applicant Michael Lederer to replace his existing deck with a new and larger deck that will be offset 9 feet from the rear lot line. Section 40.210(2) of the Village Code provides that a 25-foot offset to the rear lot line is required. This .32+/- acre property, located at 549 River Bend Court, is zoned R-5(Single-Family Residential District.
E. Krasovich opened the public hearing at approximately 6:04 p.m.
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 in order to grant the proposed variance:
• Determine if the property is/has a unique condition;
• Due to the unique property condition, would enforcement of the ordinance provisions will cause undue hardship;
• The variance is not contrary to the public interest
Michael & Mary Ellen Lederer – Applicants/Owners for 549 River Bend Ct – Mr. and Mrs. Lederer were sworn in by Attorney Gralinski.
Michael presented his proposal to enlarge his deck as the current deck is in disrepair and they would like to make it wider for ease of use. The previous owner was granted a variance for the current deck. Mr. Lederer stated that the West side offset would be 12’ and 16’ off the property line due to underground lines that run where the original offset of 9’ and 15’. He explained that the original deck steps are not within current code standards and because she is disabled, she has a hard time using the steps as they are right now. They are wanting to put railings on the steps and have steps within code and within ADA standards. The property is unique, and the house is on an angle on the property, they would like to replace the deck to make it look more presentable and build it within current standards.
Attorney Gralinski asked Mr. Lederer to confirm that he is looking for less of a variance and Mr. Lederer responded yes, the offset of the rear lot lone would be 12’ not 9’.
E. Krasovich asked if the reason for the larger deck is aesthetic, Mr. Lederer stated he would like a bigger deck for family gatherings.
E. Krasovich stated that if a new neighbor moved in they may not be comfortable with the decreased offsets.
P. Evert inquired on the new staircase and the elevation slope. Mr. Lederer stated that there is no slope where the stairs will be. Mrs. Lederer stated the yard slopes on the lot line on the West side and it is flat where the stairs are proposed.
T. Opie questioned if there is an ADA/Health concern that the deck needs to be bigger or if it is due to safety. Mr. Lederer stated no, he would like to fix the current state of the deck and would like to make it bigger. Mrs. Lederer stated they would like to improve the deck and add a railing.
E. Hill stated that in his opinion the homeowner would still be able to improve the deck without making it bigger. He cautioned about the precedence this would create if approved.
P. Evert stated that all neighbors may agree now but in future years that may not be true.
Randy Boehm @ 1307 Chesterwood Lane – Mr. Boehm has been at his residence for about 40 years. When Bielinski built houses in this neighborhood they put a house there knowing that the owner would opt to build a deck. He stated he has no issue with a larger deck being built next store, it is not a hindrance for him. He believes the current deck is a safety issue because only for two people can utilize the deck.
Attorney Gralinski noted for the record the following documents have been submitted by the applicant:
• Staff report dated 7/24/2023 with 2 GIS Maps
• Application for the Zoning Board of Appeals dated 6/9/2023
• Applicant Letter to the Zoning Board of Appeals dated 6/9/2023
• City of Pewaukee Building Inspector Letter dated 6/9/2023
• Architectural Control Board Minutes Dated 4/18/2001
• Building Permit Application and Associated Building Documents from 2001
• Surveys from 5/1/97
• Hand Drawn Sketches of the Proposal
• Step Detail to WI Admin Code
• Pictures of the Current Deck and Proposed expansion
Rather than a 9’ offset the applicant is changing to a 12’ offset due to underground wires per Digger’s Hotline Determination.
E. Krasovich closed the Public Hearing at approximately 6:33 p.m.
4. New Business
a. On the request of property owner/applicant Michael Lederer to replace his existing deck with a new and larger deck that will be offset 9 feet from the rear lot line. Section 40.210(2) of the Village Code provides that a 25-foot offset to the rear lot line is required. This .32+/- acre property, located at 549 River Bend Court, is zoned R-5(Single-Family Residential District).
T. Opie expressed that the issue is the way the house was built on the property, it should have been built so that the owner could utilize their entire property.
E. Krasovich stated the way the house is set on the property line is the unique condition and the hardship.
P. Evert stated the south side will be 12’ offset and the other side 16.9’.
T. Opie doesn’t believe that the offset proposed would cause harm to the public. If this came before the ZBA again she would have to look at each case separately. That is why this situation is unique.
E. Hill stated that he reviewed the overall plans in this subdivision and there are several properties that have unique property layouts. If approved there is no way to go back and reverse the determination/approval. He expressed his disinterest in approving the application.
Attorney Gralinski explained that each application must be looked at on a case-by-case basis. There is some degree of precedence set and the focus is on the applicant before you and the merits being made here tonight.
E. Hill believes that the applicant can rectify the deck stairs concerns at its current size.
P. Evert agreed with E. Hill.
E. Hill moved, seconded by P. Evert, to Deny the Application Request of Property Owner/Applicant, Michael Lederer to Replace his Existing Deck with a New and Larger Deck that will be Offset 12 feet from the Rear Lot Line.
Motion carried 3-2; T. Opie and E. Krasovich Voted Nay.
5. Adjournment
P. Evert moved, seconded by T. Opie, to adjourn the July 24, 2022, Zoning Board of Appeals meeting.
Motion carried 5-0.
The meeting adjourned at approximately 6:51 p.m.
Respectfully Submitted,
Casandra Smith
Village Clerk