TOWN OF LISBON W234 N8676 Woodside Rd.

Lisbon, WI 53089

Office: (262) 246-6100 - E-Mail: townhall@townoflisbonwi.com – www.townoflisbonwi.com

Agenda Zoning Board of Appeals Public Hearings & Regular Meeting

Town of Lisbon, Town Hall Monday, December 9, 2019

5:00 P.M.

1. Public Hearing to solicit public comments on the request from John Smaglik requesting Special Exceptions from the following sections of the Town of Lisbon Zoning Code, related to M-2 General Industrial District offsets, for the property located at W220N7071 Town Line Rd, LSBT 0237.981.002:

• Zoning Code Section 32(f)(2) in M-2 Zoning, offset of the Zoning Ordinance requires a

minimum of 200 feet from a residential or agricultural zoning district where a lot abuts on a zoning district boundary line where buildings or uses are not permitted in the more restrict zoning district; applicant is requesting a 113’ 7” foot side offset variance and a 100’ 1” rear offset variance to construct a 60’x80’x16’ storage building.

2. Adjourn Public Hearing.

3. Call Zoning Board of Appeals to Order. 4. Roll Call.

5. Discussion and necessary action to approve the October 14, 2019 Zoning Board of

Appeals Public Hearing and Regular Meeting minutes.

6. New Business. i. Discussion and necessary action on the request from John Smaglik, for a special

exception from the following section of the Town of Lisbon Zoning Code, related to construction of a storage building for the property located at W220N7071 Town Line Road, LSBT 00237.981.002; Section 32(f)(2) in M-2 Zoning, offset of the Zoning Ordinance requires a minimum of 200 feet from a residential or agricultural zoning district where a lot abuts on a zoning district boundary line where buildings or uses are not permitted in the more restrict zoning district; applicant is requesting a 113’ 7” foot side offset variance and a 100’ 1” rear offset variance.

7. Adjournment.

John Gehrke Dan Green, CMC/WCMC Chairman Town Clerk

Copies of the exhibits are available at the Lisbon Town Hall or on the Town’s website, http://townoflisbonwi.com/AgendaCenter for review. All interested parties will have the opportunity to be heard at said time and place. NOTICE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above- stated meeting other than the governmental body specifically referred to above in this notice.

NOTE: Please notify the Town of Lisbon 72 hours in advance if you plan to attend and will need an interpreter or assistive hearing device. MEMBERS: Please notify Town Hall at 262-246-6100 if you are unable to attend the meeting.

Posted: 2019-11-26 Clerk: D.G. X Website X Town Hall Bulletin Boards (2) X Sent to Newspapers

Minutes of the Zoning Board of Appeals Public Hearings & Regular Meeting Town of Lisbon, Town Hall Monday, October 14, 2019

5:00 P.M.

A Public Hearing was held by the Town of Lisbon Zoning Board of Appeals at the Lisbon Town Hall, W234N8676 Woodside Road, Lisbon, WI 53089 and was called to order by the Board of Appeals Chairman John Gehrke at 5:04 P.M. BOA Chairman Gehrke read the notice of public hearing as published in the Lake Country Now and Northwest Now papers, on the Town’s website and on the Town Hall posting boards.

Public Hearing to solicit public comments on the request from David Guld requesting a special exception from the following sections of the Town of Lisbon Zoning Code related to R-2 Single Family Residential District setbacks, for the property located on Five Iron Way, LSBT 0188.025: Zoning Code Section 17(e)(1) in R-2 Zoning, offset of the Zoning Ordinance requires a minimum of 50 feet from the front lot line to the roof line of the house or accessory building; applicant is requesting a 10 foot variance to construct a single family home 40 feet from the front lot line.

Public Hearing Comments. David Guld, 422 N. 7th Ave, Wausau explained he and his family are looking to relocate to the Milwaukee Area. He has Cancer and is going to Froedert for his treatments. His wife is also relocating to the area for work. They both fell in love with the Sussex and Lisbon area and that subdivision. This was the last lot in the subdivision available out of the 30 lots in the subdivision. The developers had the lot listed as the last lot and it had been on the market for 3-5 years. After purchasing the lot he realized why it was the last lot available. The lot is triangular shaped and unlike any other lot in the subdivision. The HOA requires a 2300 square foot house to be built on the property (at least). He worked with his engineer and the plan submitted was the best they could come up with given where the sceptic system had to be located. The HOA also requires a side garage which cannot face the road. Adjourn Public Hearing. The public hearing was closed at 5:12 P.M.

Call Zoning Board of Appeals to Order. BOA Chairman Gehrke called the Zoning Board of Appeals meeting to order at 5:12 P.M. Roll Call: Present: BOA Chairman John Gehrke and BOA Members Dennis Plotecher. Also present: Building Inspector Bryan Oelhafen and Town Clerk Dan Green.

Discussion and necessary action to approve the August 22, 2018 Zoning Board of Appeals Public Hearing and Regular Meeting minutes. Motion by BOA Member John Gehrke to approve the August 22, 2018 Zoning Board of Appeals Public Hearing and Regular Meeting minutes. Seconded by BOA Dennis Plotecher. Motion carried 2-0. New Business. Discussion and necessary action on the request from David Guld, for a special exception from the following section of the Town of Lisbon Zoning Code, related to construction of a single family home for the property located on Fire Iron Way, LSBT 0188.025; Section 17(e)(1) in R-2 Zoning, offset of the Zoning Ordinance requires a minimum of 50 feet from the front lot line to the roof line of the house or accessory building; applicant is requesting a 10 foot variance to construct a single family home 40 feet from the front lot line.

Zoning Board of Appeals Minutes Monday, October 14, 2019 Page 2 of 2

The applicant, David Guld stated he has purchased the lot and thought things would go a lot smoother. At this point he is stuck and has exercised everything he possibly could before getting to this point. The neighbors he has talked to stated they would like to see the lot developed as three of the neighbors take turns mowing that lot. Mr. Guld also explained that this would require a mound system and needs a well. The mound system needs to be in a specific area on the lot. The applicant and the engineer had tried revisiting this issue to see if it could be moved back 2 feet, 5 feet… 10 feet. They came to the conclusion that it could not be moved at all. Mr. Guld was not sure if he would need all ten feet of the variance being requested but wanted to be safe just in case. He explained he is not looking for 10 feet from the front for a bigger back yard, this is just the furthest back he could get on the property. Dennis Plotecher asked who could possibly build on this lot. He explained you would have to get a smaller house which the HOA does not allow. He stated if the developer wants to use that lot, they are going to have to do something. Chairman Gehrke explained he looked at the Board of Appeals Handbook and on particular hardship was due to the property line limitations. He did not see any conflict with the Town’s list of bullet points for the purpose and intent of the building location. With that he was inclined to think Mr. Guld had a hardship. Motion by Dennis Plotecher to approve the request from David Guld, for a special exception from the following section of the Town of Lisbon Zoning Code, related to construction of a single family home for the property located on Fire Iron Way, LSBT 0188.025; Section 17(e)(1) in R-2 Zoning, offset of the Zoning Ordinance requires a minimum of 50 feet from the front lot line to the roof line of the house or accessory building; applicant is requesting a 10 foot variance to construct a single family home 40 feet from the front lot line. Seconded by John Gehrke. Motion carried 2-0. Adjournment. Motion by BOA Member Plotecher to adjourn the Monday, October 14, 2019 Board of Appeals Meeting at 5:27 PM. Seconded by BOA Member Gehrke. Motion carried 2-0.

Respectfully submitted, Dan Green CMC/WCMC Town Clerk

TOWN OF LISBON W234 N8676 Woodside Rd.

Lisbon, WI 53089

Office: (262) 246-6100 - E-Mail: townhall@townoflisbonwi.com – www.townoflisbonwi.com

NOTICE ZONING BOARD OF APPEALS PUBLIC HEARING

TOWN OF LISBON, WISCONSIN

The Board of Appeals will deliberate and render decisions on the special exceptions requested below. The Chairman of the Zoning Board of Appeals hereby calls a meeting to be held to consider these matters, at the Lisbon Town Hall, W234N8676 Woodside Road at 5:00 P.M. on Monday, December 9, 2019 and should said meeting be cancelled or adjourned, the hearing will be re-noticed. BOA HEARING #1: John Smaglik has filed with the office of the Clerk and the Zoning Board of Appeals, requesting Special Exceptions from the following sections of the Town of Lisbon Zoning Code, related to M-2 General Industrial District offsets:

• Section 32(f)(2) in M-2 Zoning, offset of the Zoning Ordinance requires a minimum of 200 feet from a residential or agricultural zoning district where a lot abuts on a zoning district boundary line where buildings or uses are not permitted in the more restrict zoning district; applicant is requesting a 113’ 7” foot side offset variance and a 100’ 1” rear offset variance to construct a 60’x80’x16’ storage building.

The property is described as follows: Tax Key No: LSBT 0237.981.002 Legal Description: PARCEL 2 CERT SURV 1840 VOL 12/314 PT NE1/4 SEC 24 T8N R19E DOC#

3574151 Property Address: W220N7071 Town Line Rd. The Zoning Board of Appeals in acting on variations and modifications of the Zoning Ordinance, or appeals from action taken by the Building Inspector, hears all cases at public hearings at which interested parties have a right to be heard. If it is inconvenient to appear at the hearing, file your objections by letter, containing your name and address, stating fully what the objection is and the reason for such objection. You may also email your letter of objection to Town Clerk Dan Green, dgreen@townoflisbonwi.com. John Gehrke, Chairman Zoning Board of Appeals Publish: Lake Country Now & Northwest Now – Wednesday, November 20 and November 27, 2019

Feet0Notes:

75.43

Waukesha County GIS Map

11/11/2019

The information and depictions herein are for informational purposes and Waukesha County specifically disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Waukesha County will not be responsible for any damages which result from third party use of the information and depictions herein, or for use which ignores this warning. Printed:

Legend

Parcels (Click for details)

Plats (Click for details)

Retired Parcels (Click for details)

Retired Plats (Click for details)

Municipal Boundary_2K

FacilitySites_2K_Labels

Lots_2K

Lot

Outlot

SimultaneousConveyance_2K

Assessor Plat

CSM

Condominium

Subdivision

Cartoline_2K

<all other values>

EA-Easement_Line

PL-DA

PL-Extended_Tie_line

PL-Meander_Line

PL-Note

PL-Tie

PL-Tie_Line

Road Centerlines_2K

Railroad_2K

TaxParcel_2K

Waterbodies_2K_Labels

Waterlines_2K_Labels

Feet0Notes:

110.93

Waukesha County GIS Map

11/11/2019

The information and depictions herein are for informational purposes and Waukesha County specifically disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Waukesha County will not be responsible for any damages which result from third party use of the information and depictions herein, or for use which ignores this warning. Printed:

Legend

Parcels (Click for details)

Plats (Click for details)

Retired Parcels (Click for details)

Retired Plats (Click for details)

Special Districts

Historic Landmark

Historic District

Hydric Soil District

Planned Unit Development

Well Head Protection District

Wetland Overlay

Environmental Corridor Overlay

Town Zoning District

<all other values>

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A-1a

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A-4

A-5 Mini-Farm

A-E

A-P

A-B

A-T

AD-10 Agricultural Density 10-Acre

A-10 Agricultural

AP

B-1 Restricted Business

B-2 Local Business

B-3 General Business

B-4 Community Business

B-P Mixed Use Business Park/Light Industrial

C-1 Conservancy Wetland and Floodplain

EC

FLC

FLP

HG

I-1

I-2

M-1 Limited Industrial

M-2 General Industrial

MU-1

Not Zoned

P-1

P-I Public and Institutional

PR Park and Recreation

Q-1 Quarrying

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R-1a

PO BOX 308

SUSSEX WI 53089-0308

HALQUIST STONE CO

PO BOX 308

SUSSEX WI 53089-0308

HALQUIST STONE CO INC

N74W22552 TWIN OAKS CT

SUSSEX WI 53089

GM2 PROPERTIES LLC

N70W22072 CARLSON LN

LISBON WI 53089

ROBERT HESSELGRAVE AND K

N82W22390 SANDRAS DR

LISBON WI 53089-1736

JOHN SMAGLIK

7082 N TOWN LINE RD PO BOX 375

LANNON WI 53046-0375

LANNON LAND BUILDERS LLC

N70W22072 CARLSON'S LN

LISBON WI 53089

ROBERT HESSELGRAVE AND KATHRYN

N70W22072 CARLSONS LN

LISBON WI 53089

ROBT HESSELGRAVE

N70W22054 CARLSON'S LN

LISBON WI 53089

DANIEL CARLSON AND BARBARA

N61W16262 HAWTHORNE DR

MENOMONEE FALLS WI 53051-5760

CR BEST PROPERTIES LLC

7090 N TOWNLINE RD

LANNON WI 53046-9717

DAVID NIEBLER AND BECKY NIEBLER

W220N7109 TOWN LINE RD

LISBON WI 53089-2806

RONALD G ESSER

21275 W GOOD HOPE RD

LANNON WI 53046

GREGORY GESSLER AND KATHLEEN

W220N7129 TOWN LINE RD

LISBON WI 53089

PHILIP J LOMENZO AND ANDREW J

515 W MORELAND BLVD ROOM AC148

WAUKESHA WI 53188

WAUKESHA COUNTY PARK & PLANNING

W244N7491 WHITE TAIL RUN

SUSSEX WI 53089-5411

ECJ PROPERTIES LLC

W235S4479 AMBER CT

WAUKESHA WI 53189-7977

MORK AND HAMMER LLC

W:\Board of Appeals\Building Inspector Denial Form - Send to BOA (Revised 2017-01-25).doc

W234N8676 WOODSIDE RD. • LISBON, WI 53089-1545 • TEL: (262) 246-6100 • FAX: (262) 820-2023 E-mail: townhall@townoflisbonwi.com • Website: www.townoflisbonwi.com

Date: To: Chairman, Board of Appeals From: Bryan Oelhafen, Building Inspector I have refused a Building Permit to

for construction of

as the property owner is in violation of the following section of our zoning ordinances:

The property is located in: □R-1 District □R-2 District □R-3 District

□A-3 District □A-5 District □A-10 District

Section setback of the Zoning Ordinance requires a minimum of 50 feet from the road right-of-way measured to the overhang of the proposed accessory building, addition, etc. Section offset of the Zoning Ordinance requires a minimum of 20 feet from the lot line to the roof line of the house or accessory building.

Remarks:

Bryan Oelhafen, Building Inspector Town of Lisbon