Board of Zoning Appeals

7725 W. North Avenue Wauwatosa, WI Wauwatosa, WI 53213 Board of Zoning Appeals Meeting Minutes - Final Thursday, January 26, 2023 6:00 PM Zoom Only: https://us02web.zoom.us/s/89325102239, Meeting ID: 893 2510 2239 Regular Meeting CALL TO ORDER Chairperson David Kern called the meeting to order at 6:00 PM. ROLL CALL Excused 2 Member Michael Mazmanian Alternate Member Dana Shinners Remote 4 Member, Chair David Kern Member James Bittner Member Patricia Stone Member Ben Greenberg Stefanie Escobedo, Building & Safety Manager, Remote Andrew Krause, Code Enforcement Officer, Remote Ying Xiong, Office Assistance - City Clerk's office, Remote NEW BUSINESS 1. Request by David Kiernan for fence code exceptions for a front yard 23-1351 fence located at 7208 Wellauer Drive The applicant is requesting two code exceptions for a relatively new four-foot fence constructed in the front yard. This property is a corner lot with frontage on two streets. 72nd Street has the narrowest width and is considered the front with Wellauer Drive as the side street . Constructed fence There are two exceptions: 1. Maximum height. The fence is four feet tall. 2. Length. There is 60.5 feet of fencing in the front yard. Allowed by City code Under 15.28.030A., fences located in the front yard in residential districts cannot: 1. Exceed three feet in height. 2. Extend more than 20% of the lot width in total length. The lot width is 63 feet. A maximum of 12.6 feet of fencing is allowed by code (20% of 63 feet). The applicants submitted a letter regarding the request including photos and a property survey . The City recently approved a code amendment that changed fence appeals from a variance to an exception. See the attached memo from the City Attorney. Page 1 of 4 Board of Zoning Appeals Meeting Minutes - Final January 26, 2023 Under the new code provision, the applicant must demonstrate to the Board that a hardship exists created by conforming to the fence regulations. The Board should consider all of the following, making findings that each of these factors applies in favor of granting the exception: 1. Whether strict application of the code would create a hardship to the property owner; 2. Whether the hardship results from conditions which are unique to the property, or unusual in comparison to the properties to which the code is generally applicable; and 3. Whether the application of the exception will be consistent with the intent of the ordinance and not impair public safety. The applicant presented their request regarding the new code provisions that they demonstrated from their point of view. The topics consist of the removal of a hedge blocking the next door neighbors driveway, keeping their two dogs safe within the yard, and working with A-1 Fencing who informed them that they did not need a permit and having lots of support from their surrounding neighbors about their fence . No one spoke against. Ben Greenberg discussed with staff and the topics consist of the side yard fence being considered a compliant fence, any landscaping requirements and the general expectation for the property owner to landscape the side yard fence. - Code Enforcement Officer Andrew Krause stated the side fence is compliant and falls within maximum height and setback. Also, stated that the landscaping requirement is within code and the applicants side yard fence is acceptable in regards to how it was landscaped . Building and Safety Manager Stefanie Escobedo stated that regarding other properties that have exceptions or not, the city does not seek these out and it's only taken if it has been reported or brought to the cities attention, which results for orders to be written out. Ben Greenberg's motion will be for the new code provision, that the applicant demonstrated to the Board that a hardship exists created by conforming to the fence regulations . The Board considered all of the following, making the findings of each of these factors to apply in favor of granting the exception . 1. The strict application of the code would create a hardship to the property owner as the hardship is present. The home location on Wellauer, lot configuration, public road access and how the house is configured, most people will agree fence is located on side yard and the cities definition is a little rigid and doesn't always work. 2. The hardship results from conditions which are unique to the property as having a corner lot is unique since they do not have a backyard or private area . Having the fence provides a semi private space that is attractive, which has a strong support from the neighborhood . 3. David Kern amended the motion that granting the exception will be consistent with the intent of the ordinance and not impair public safety. It was moved and seconded (Greenberg/Bittner) to approve the exception. Ayes: 4-0 The motion carried for the code exception for 7208 Wellauer to be approved . RESULT: APPROVED MOVER: Ben Greenberg SECONDER: James Bittner Aye: 4 Kern, Bittner, Stone, and Greenberg Excused: 2 Mazmanian, and Shinners Page 2 of 4 Board of Zoning Appeals Meeting Minutes - Final January 26, 2023 2. Request by Katie Knapp for fence code exceptions at 10724 Michigan 23-1352 Street The applicant is requesting multiple fence code exceptions for a relatively new 6-foot stockade fence constructed at the Michigan Street dead end, in the front and side yards . The code amendment also changed the appeal from a variance to an exception . See the attached memo from the City Attorney. Exception requests: · Front yard fence per WMC 15.28.030A.1 - There are four front yard fence code exceptions being requested: 1. To exceed the maximum height allowed by code. The constructed fence is six feet high. Maximum three feet is allowed in the front yard. 2. Setback from side property line. The constructed fence is at the side property line whereas a three foot setback is required. 3. Opacity requirement. The fence is a stockade wood style. Fences in front yards cannot have an open area less than forty percent. 4. Front yard linear footage. The fence exceeds more than twenty percent of the lot width in length. Approximately 50 feet, or 40 percent, was constructed whereas approximately 25 feet of fencing is allowed in the front yard. · Side yard fence per WMC 15.28.030A.2 - One exception to exceed maximum height is requested . The constructed fence is over six feet from grade whereas the maximum height allowed is 4-1/2 feet. An exception approval cannot be granted for more than six feet per WMC. The applicants submitted a letter regarding the request including photos and a property survey . Additionally, under 15.28.010B, within all zoning districts, fence posts and supporting framework shall be located on the interior side facing the property being enclosed . The applicant is aware they need to modify the fence. The City recently approved a code amendment that changed fence appeals from a variance to an exception. Under the new code provision, the applicant must demonstrate to the Board that a hardship exists created by conforming to the fence regulations. The Board should consider all of the following, making findings that each of these factors applies in favor of granting the exception: 1. Whether strict application of the code would create a hardship to the property owner; 2. Whether the hardship results from conditions which are unique to the property, or unusual in comparison to the properties to which the code is generally applicable; and 3. Whether the application of the exception will be consistent with the intent of the ordinance and not impair public safety. The applicant presented their request regarding the new code provisions that they demonstrated from their point of view. The topics consist of living on a dead end next to a busy highway, privacy and safety for their family, specifically having a fence allows them to leave things in their yard and gives them protection from public access. No one spoke against. The Board and applicant discussed topics that consist of building the fence without taking the ordinances into account, the chain-link fence already on property, the hedges by the front yard and removal of the hedges. Two letters were showed from neighbors in favor of the applicant . Patricia Stone's motion will be for the Page 3 of 4 Board of Zoning Appeals Meeting Minutes - Final January 26, 2023 new code provision, that the applicant demonstrated to the Board that a hardship exists created by conforming to the fence regulations, that the fence could not exceed 6 feet in height and the fence needs to face the correct side. The Board considered all of the following, making the findings of each of these factors to apply in favor of granting the exception. 1. The strict application of the code would create a hardship to the property owner as the nature of the property and removal of vegetation created a hardship for the owner and their enjoyment use of property. 2. The hardship results from conditions which are unique to the property were identified by its location and its proximity of commercial district. 3. The construction of the fence on the lot is consistent with the intent of the ordinance and does not impair public safety in any way. It was moved and seconded (Stone/Greenberg) to approve the exception. Ayes: 4-0 The motion carried for the fence code exception for 10724 Michigan Street to be approved . RESULT: APPROVED MOVER: Patricia Stone SECONDER: Ben Greenberg Aye: 4 Kern, Bittner, Stone, and Greenberg Excused: 2 Mazmanian, and Shinners ADJOURNMENT Meeting adjourned at 6:49 PM. Page 4 of 4