Board of Zoning Appeals

7725 W. North Avenue Wauwatosa, WI Wauwatosa, WI 53213 Board of Zoning Appeals Meeting Minutes - Final Thursday, May 25, 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 6:05 PM. ROLL CALL Excused 2 Member Richard Brunner Member Michael Mazmanian Remote 3 Member, Chair David Kern Member James Bittner Member Patricia Stone Stefanie Escobedo, Building & Safety Manager, remote Ying Xiong, Office Assistant - City Clerk, remote NEW BUSINESS 1. Request by Julie McKendry, St. Joseph Congregation, for fence code 23-1354 exceptions for a front yard fence located at 12130 W. Center Street Request by Julie McKendry, St. Joseph Congregation, for fence code exceptions for a front yard fence located at 12130 W. Center Street. Background The applicant is requesting four code exceptions for a six-foot fence constructed in the front yard around a stormwater feature located at the corner of Hadley Street and N. 122nd Street. This property is surrounded by streets on all sides with double frontage on Center Street and Hadley Street. Code requirements for front yard fences apply to both street frontages . Proposed fence Four exceptions are requested: 1. Maximum height. The fence is six feet tall. 2. Setback. The fence is constructed on the front yard lot line (Hadley Street). 3. Setback. The fence is constructed on the side lot line (122nd Street). 4. Length of Fencing. The fence is 440 linear feet. 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. Setback less than 18 inches from the front lot line Page 1 of 3 Board of Zoning Appeals Meeting Minutes - Final May 25, 2023 3. Setback less than 3 feet from the side lot line 4. Extend more than 20% of the lot width in total length. The lot width is 628.43 feet. A maximum of 125.7 feet of fencing is allowed by code (20% of 628.43 feet). Application information including is attached. C. Recommendation Under the exception provisions, the applicant must demonstrate to the Board that a hardship exists created by conforming to the fence regulations. Building and Safety manager Stefanie Escobedo informed points 2 and 3 in the staff report will not be brought into consideration as the fence contractor will comply with City ordinance . There was discussion between the Board and the applicant regarding the code exceptions that the applicant demonstrated from their point of view. Topics consisted of the height and length of the fence as the retention pond is 10 ft deep, needing the extra height of the fence due to safety for children and surrounding neighbors and the repair of the groundwork underneath . Building & Safety manager Stefanie Escobedo verified there was nothing in ordinance requiring a fence on the retention pond . Mike Morgan, 12147 Meadow Ct, spoke in support of the applicant . Email from the public Tom Zimmerman in support of the applicant No one spoke against The questions that were asked to the applicant by Mr. Bittner included what were the reason for a 6ft fence rather than a 3ft fence and the reason for enclosing the retention pond . The applicant stated the reasons for having a 6ft fence instead of a 3ft fence is due to the retention pool being very close to the road as surrounding neighbors walk their dogs and children . Also, the fence can provide safety to the young children so they can stay away from the pond and prevent surrounding neighbors from being able to jump over the fence. With safety a main priority, having a 6ft fence will reduce the risk. The applicant stated that the fence will enclose all sides of the retention pond as it is close to the street and close to the park where children play. Mr. Bittner'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 Ms . Stone added the strict application of the code would essentially necessitate that the retention pond have not been created which is to say to not make any renovations. Also, granting the exception avoids the hardship for the property owner. Mr. Bittner amended his motion in accordance to Ms. Stones comments. 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 it is a school and they are required to have a retention pond by the city. 3. The application of the exception will be consistent with the intent of the ordinance and not impair public safety as it will enhance the safety of the property for the intended use and for the public in the area. Also, it is consistent with the intent to provide a safe area for the neighbors and occupants . It was moved and seconded (Bittner/ Stone) to approve the height and length exception. The motion carried for the code exception for 12130 W Center Street to be approved . RESULT: APPROVED MOVER: James Bittner SECONDER: Patricia Stone Page 2 of 3 Board of Zoning Appeals Meeting Minutes - Final May 25, 2023 Aye: 3 Kern, Bittner, and Stone Excused: 2 Brunner, and Mazmanian ADJOURNMENT Meeting adjourned at 6:26 PM. Page 3 of 3