Board of Zoning Appeals

7725 W. North Avenue Wauwatosa, WI Wauwatosa, WI 53213 Board of Zoning Appeals Meeting Minutes - Final Thursday, March 23, 2023 6:00 PM Zoom Only: https://us02web.zoom.us/s/89325102239, Meeting ID: 893 2510 2239 Regular Meeting CALL TO ORDER Chairperson Ben Greenberg called the meeting to order at 6:01 PM. ROLL CALL Excused 2 Member, Chair David Kern Alternate Member Dana Shinners Remote 4 Member James Bittner Member Michael Mazmanian Member Patricia Stone Member Ben Greenberg Stefanie Escobedo, Building & Safety Manager, remote Ying Xiong, Office Assistant - City Clerk, remote NEW BUSINESS 1. Request by Kathleen Conroy for fence code exceptions for a front yard 23-1353 fence located at 7010 Wellauer Drive The applicant is requesting three code exceptions for a four-foot fence constructed in the front yard. This property is a corner lot with frontage on two streets. 70th Street has the narrowest width and is considered the front with Wellauer Drive as the side street. Constructed fence There are three exceptions: 1. Maximum height. The fence is four feet tall. 2. Length. There is approximately 100 feet of fencing in the front yard. 3. Setback. The fence is constructed on the lot line 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 75 feet. A maximum of 15 feet of fencing is allowed by code (20% of 75 feet). 3. Setback less than 18 inches from the front lot line Application information including the property survey, narrative justifying the exceptions, and the contractor's proposal is attached. Page 1 of 3 Board of Zoning Appeals Meeting Minutes - Final March 23, 2023 Recommendation 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. There was discussion between the Board and the applicant regarding the new code provisions that the applicant demonstrated from their point of view. Topics consisted of the fence being built by Badgerland Lawn and Landscaping without a permit, creating a safe environment for their child and the setback by the neighbors yard. Building & Safety manager Stefanie Escobedo verified if the yard was a side yard, a permit will be needed and it would be in compliance. Also, within city ordinance regarding a rear yard/side yard there is no setback restrictions, while a yard abutting by an alley there is an 18 inch setback requirement from the lot line. Stefanie Escobedo shared a letter in favor from Alder Lewis. No one spoke against Mr. Mazmanian'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 grating the exception . 1. Strict application of the code would create a hardship to the property owner as corner lots are difficult and in many cases it's burdensome on the homeowner as the side yard becomes a side street/secondary front yard. Also, Mr. Greenberg added that it would cause the inability to enclose space whether for children or pets or just to have some additional privacy . 2. 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 as the fence installed is consistent esthetically with the other details on their house and with their neighborhood . Also, Mr. Greenberg added that the fence is attractive since it's been there for 5 years and there have been no complaints from neighbors . 3. The application of the exception will be consistent with the intent of the ordinance and not impair public safety as the fence is nice and open, which doesn't block traffic . It was moved and seconded (Mazmanian / Stone) to approve the exception. The motion carried for the code exception for 7010 Wellauer to be approved . The applicant was informed they have a year to utilize the special exception to get the permit issued . Also, it will carry with the land and there are no conditions that indicates it is non transferable . Stefanie Escobedo verified replacing individual rods of the fence does not require another permit however if the fence is being changed to a different material, will require the applicant to present to the Board as the esthetic look of the fence has changed. RESULT: APPROVED MOVER: Michael Mazmanian SECONDER: Patricia Stone Aye: 4 Bittner, Mazmanian, Stone, and Greenberg Excused: 2 Kern, and Shinners ADJOURNMENT Meeting adjourned at 6:23 PM. Page 2 of 3 Board of Zoning Appeals Meeting Minutes - Final March 23, 2023 Page 3 of 3