Request for Variance Application | Village of Mukwonago

Date Submitted*

Contacts

Zoning and Planning Department
Contact: Village Planner
Phone: (262) 363-6420
Fax: (262) 363-6425
Email: planner@villageofmukwonago.com

Fees

Application Fee

Price: $450.00

Guidelines

The undersigned petition is to consider a request, as stated herein, for the specified parcel(s) of land and will be reviewed by the Plan Commission and Village Board of the Village of Mukwonago.

Requests for a variance require a public hearing. To ensure the public hearing will be properly advertised, the application must be submitted at least 30 days prior to the meeting in which the Board of Zoning and Building Appeals will hold the public hearing. The Board of Zoning and Building Appeals meets on the Thursday after the fourth Tuesday of each month at 6:30 p.m.

Materials listed on page 4 must be provided to the Village of Mukwonago in accordance with Village Municipal Code Chapter 100, Article XII and other pertinent sections of Village ordinances, WI Stats. 62.23, and as necessary to permit review that is consistent with proper planning practice. The Village will strive to accommodate reasonable requests for informal preliminary staff review, however the Village shall not place any items on the agenda for Board of Zoning and Building Appeals consideration until such time as the application is complete in accordance with all requirements specified on this and other attached application forms.

Complete, accurate and specific information must be entered.

Applicant Information

(Full Legal Name)

Name

First Middle Last

Company

Name

Address

Street Address Address Line 2 City State ZIP Code

Daytime Phone

Fax

Applicant Email*

Applicant is Represented by

(Full Legal Name)

Name

First Last

Company

Name

Address

Street Address Address Line 2 City State ZIP Code

Daytime Phone

Fax

Email

Architect

Name

First Last

Company

Name

Address

Street Address Address Line 2 City State ZIP Code

Daytime Phone

Fax

Email

Professional Engineer

Name

First Last

Company

Name

Address

Street Address Address Line 2 City State ZIP Code

Daytime Phone

Fax

Email

Registered Surveyor

Name

First Last

Company

Name

Address

Street Address Address Line 2 City State ZIP Code

Daytime Phone

Fax

Email

Contractor

Name

First Last

Company

Name

Address

Street Address Address Line 2 City State ZIP Code

Daytime Phone

Fax

Email

Property and Project Information

Present Zoning

Address/Location

Tax Key #(s)

I/We request a variance for:

The property is presently used as:

Name of Architect, Professional Engineer, or Contractor:

Start Date

Completion Date

All of the Proposed Use(s) of the property will be:

What is the principal use?

What is the secondary use?

What is the accesory use?

I/We represent that I/we have a vested interest in this property in the following manner:

Owner
Leasehold
Contractual

Length of Lease:

Nature of contract:

Procedural Checklist for Variance Review

This form is designed to be a guide for submitting a complete application for a conditional use.

If your application for a building permit is denied by the Inspection Department, you have the option to apply for a variance. Requesting a variance requires appearing before the Board of Zoning and Building Appeals and explaining why you should not be expected to comply with Village zoning regulations. You will be required to prove practical difficulty or unnecessary hardship. The fee to appear before the board is nonrefundable.

The Board of Zoning and Building Appeals (Board) is a group of five citizens appointed to listen to members of the public who want to appeal the rules of the Municipal Zoning Code (Chapter 100). The Board will receive a packet of information about your appeal in addition to listening to you and your neighbors’ comments at a public meeting. Also, the Board may request assistance from other Village officers, departments, commissions, and boards in making its decision.

Application Submittal Packet Requirements for Village and Applicant Use (Check off List)

Application:

Completed application for building permit (separate application)
Completed application form including the procedural checklist and justification of requested variance.
Application fee: $450
Agreement for Reimbursable Services (separate application)

Required site drawings:

Survey of the property
Map/picture of the property
Plan of operation/proposal
Overview of the adjoining lots (including list of parcel identification numbers for all properties within 300 feet of the subject property)
Drainage plan
Floor plan (¼” Scale)
Elevations (front and sides)
Electronic Submittals are required. Email (or CD ROM) with all plans and submittal materials in Adobe PDF to planner@villageofmukwonago.com.
Any additional information as determined by Village staff.

DO NOT MAIL ANY ADDITIONAL MATERIAL OR INFORMATION DIRECTLY TO OR CALL MEMBERS OF THE BOARD.

Save the additional material and information you have for the Board until the meeting, or you may mail it to staff prior to the meeting. Staff will enter your additional information and material into the public record and forward it to the Board.

After you apply for the variance and before the meeting occurs, notice of your request will be published in two editions of the Mukwonago Chief, and neighboring property owners within 300 feet of your property will receive notice of your appeal.

Also during this time, board members may choose to drive by or visit your property to gather information that may influence their decision regarding your requested variance.

Variance Standards

Variances are not granted routinely. The application for a variance must clearly show the Board of Building and Zoning Appeals that the three Wisconsin State Statutory Standards that govern granting a variance will be met.

Unnecessary Hardship: A situation where, in the absence of a variance, an owner can make no feasible use of the property. A variance is not warranted if the physical character of the property allows a landowner to build or develop in compliance with the zoning ordinance.

The hardship or difficulty must be peculiar to the zoning parcel in question and different from that of other parcels, not which affects all parcel similarly. Generally, hardships arise because of some unique property limitation of a parcel or because the property was created before the passage of the zoning ordinance and is not economically suitable for a permitted use, or will not accommodate a structure of reasonable design for a permitted use, if all area, yard and setback requirements are observed.

Loss of profit or pecuniary hardship is not in and of itself grounds for a variance.

Petition for Variance

TO THE ZONING BOARD OF APPEALS

This petition is made pursuant to the ordinance of the Village of Mukwonago and pertaining to the functions, duties, and powers of the Board of Building and Zoning Appeals.

The petitioner is appealing for:

Petitioner requests a variation as follows:

Petitioner has attached hereto a survey of the premises.

Yes
No

TWhat is the present zoning classification of the described real estate?

The names of the owners of said property are as follows:

Petitioner further respectfully represents that to permit the variance aforesaid would not be contrary to the public interest, or in any way be detrimental to the neighborhood or the neighbors; that to refuse to permit such a variance would cause to the petitioner practical difficulty or unnecessary hardship; and that the use of the premises for the purposes herein prayed would do substantial justice, would be in keeping with the spirit of the Village of Mukwonago and the immediate neighborhood.

ITEMS REQUIRED TO BE SUBMITTED:

Survey of the property
Map/picture of the property
Plan of operation/proposal
Overview of the adjoining lots (including list of parcel identification numbers for all properties within 300 feet of the subject property)
Drainage plan
Floor plan (¼” Scale)
Elevations (front and sides)

Application for Variance

Describe what you are building, the proposed dimensions, and what are the proposed setbacks:

Describe the exceptional or extraordinary circumstances or conditions that apply to your property that do not apply to surrounding properties:

Describe the hardship (s) that would result if the Variance is not granted:

Describe how the variance would not have adverse affects on surrounding lands:

Certification

Applicant hereby certifies that:

All of the above statements and other information submitted as part of this application are true and correct to the best of his or her knowledge.
Affirms that no Village of Mukwonago elected or appointed official or employee has a proprietary interest in the above referenced property for which this applications being filed (except as stated below under “Exceptions”).
None of the above referenced individuals has been promised or given any contract for consultation, planning or construction in relation to this project (except as stated below under “Exceptions”).
Applicant has read and understands all information in this packet.

Applicant further understands the policies of the Village regarding change of zonings and property development. Conditions of the resolution regarding all approvals are strictly followed. Certificates of Occupancy are not given until all conditions of approval have been met. .

By the execution of this application, applicant hereby authorizes the Village of Mukwonago or its agents to enter upon the property during the hours of 7:00 am to 7:00 pm daily for the purpose of inspection. Applicant grants this authorization to enter even if this land has been posted against trespassing pursuant to Section 943.13 WI Stats.

(The applicant’s signature must be from a Managing Member if the business is an LLC, or from the President or Vice President if the business is a corporation. A signed applicant’s authorization letter may be provided in lieu of the applicant’s signature below, and a signed property owner’s authorization letter may be provided in lieu of the property owner’s signature[s] below. If more than one, all of the owners of the property must sign this Application).

Property Owner Signature

Property Owner Name

First Last Title

Applicant Signature

Applicant Name

First Last Title