Board of Appeals Meeting

Board of Appeals Agenda Notice PLEASE TAKE NOTICE that a meeting of the Village of Shorewood Board of Appeals will be held in person on Wednesday, October 14, 2026 at 5:30 p.m., in the Shorewood Village Hall Court Room, 3930 N. Murray Avenue, Shorewood, WI 53211, at which time the following matters will be considered: 1. Call to Order 2. Approve minutes –August 12, 2026 3. Attorney to review standards by which the Board of Appeals must abide. 4. Request a hearing to appeal Village Inspector’s interpretation of Village Code 535-9(g) pertaining to open space requirements at residential property 2611 E. Beverly Road. 5. Request a variance of Zoning Ordinance 535-49 H regarding a parking space constructed in the front yard at residential property 4425 N. Lake Drive. 6. Adjournment PLEASE BE ADVISED THAT A REPRESENTATIVE OF THE APPLICANTS FOR THE ABOVE ITEMS MUST BE PRESENT AT THIS MEETING. Only the parking lot/East door will be unlocked after hours. Dated this 9th day of October, 2026. Toya Harrell, MMC, WCPC Village Clerk The Village of Shorewood is aware that phishing attempts are being sent to our constituents disguised as invoices associated with project or permit approvals. Beware of any such attempts and always verify the sender before clicking on links or downloading attachments. PLEASE TAKE NOTE: This meeting date and time may be subject to change due to unforeseen circumstances. Please check the village website at www.villageofshorewood.org/agendacenter to check for possible rescheduling. This agenda constitutes notice for any subsequent adjournments or continuances of the meeting. The Village Board of Shorewood currently holds meetings in person at Village Hall, or an alternative physical location as allowed by the Village Code. As a courtesy to citizens, Board meetings will also be made available live on the Zoom virtual platform f or viewing and possible participation. However, the Village cannot guarantee the technology supporting the virtual viewing option will operate perfectly and continuously, or that the platform will work with every computer or mobile device. The only way to guarantee the ability to offer public comment, or view the Board meeting uninterrupted, is to appear in person. If the Teams platform fails, the meeting will continue as scheduled. Board of Appeals Meeting Minutes August 12, 2026 DRAFT 1. Call to Order The meeting was called to order at 5:35pm. Present were Wendy Smith, Kevin Mathews, Scott Waligora, and Chris Schorse. The meeting was properly noticed and posted according to law. 2. Approve minutes –July 15, 2026 The meeting minutes were approved with an amendment to include the results on item number 4. 3. Attorney to review standards by which the Board of Appeals must abide. Chair Smith reviewed the standards. 4. Request a variance of Zoning Ordinance 225-8 B (5) to construct a five-foot (5’) high fence between adjoining properties at residential property 3528 N. Frederick Avenue. Legal description: MINERAL SPRING HTS NW 1/4 10-7- 22 E., N 20FT OF LOT 30 & S 25FT OF LOT 31 BLK 1 Inspector Burris gave sworn testimony stating that on February 26, 2026, Inspector Tim Koepp issued a letter to the owners of 3528 N Frederick Avenue for a fence that was installed without a permit that detailed additional violations relating to the height of fence and the location. After a second letter was issued on March 9, 2026, the owner reached out via email to inquire about the notices. They were unaware that a permit was required to replace the fence. The fence that they placed had been six feet tall. The owner submitted a building permit application on March 13, 2026, which was denied on the basis that it violates Village code section 225-8 B: Fence that exceeds four feet in height and is within six feet of the house and Village code section 225- 8 B (9): All fences shall be erected within the dimensions of the lot according to survey. Joshua Murdoch, the homeowner, gave sworn testimony stating the previous fence was six feet and needed to be replaced. He explained that the line of sight from that side of the house up to the neighbor’s, the fence offered privacy, but when it was replaced, the height was brought down a foot. The neighbor’s house sits about six feet higher and with a fence higher than 4 feet would offer privacy. A letter of consent from the neighbor was included. He also stated there was a safety concern as the garage was broken into twice since moving in 2018. Chair Smith moved to close the testimony to enter deliberation, and it was seconded by Kevin Mathews. Kevin Mathews requested Inspector Burris to provide clarification on the rationale of the Village code limiting fence height in this circumstance. Inspector Burris stated it is a general understanding about air and light, most homes in the Village have a three-foot set back as that when a fence runs parallel through that side of the house it does not exceed four feet in height. There have been discussions about an owner’s house within six feet and not the neighbor’s house, why ought not to install a six-foot fence. After deliberating, board member Kevin Mathews made a motion to grant the request to construct a five-foot fence between adjoining properties at residential property located at 3528 N Frederick Avenue as there are special circumstances on the property relative to privacy issues as well as a lack of detriment. It was seconded by Wendy Smith. Motion carried by a roll call vote of 4-0. 5. Request a Special Exception to construct a rear -yard addition within the side-yard setback area at residential property 3917 N. Prospect Ave. Legal description: JOHN HARVEY MYERS SUBD #1 NW 1/4 10 -7-22 E., INC E 1/2 VAC ALLEY ADJ W LOT 11 BLK 2 Chair Smith provided standards the Board of Appeals must apply in reviewing this special exception request. In consideration of an application for a special exception, the board may hear and decide special exemptions as authorized by the standards set by the municipal code. Pursuant to municipal code section 535- 34 E, subject to the provisions of applicable state law, the Board of Appeals upon application as required by the code may grant a special exception to the provisions of subsection A or nonconforming structures after considering the four following elements. A. The effect granting of the exception will have on the appearance and character of the applicant’s property, adjacent properties, and neighboring properties. B. The effect granting of the exception will have on the value of the applicant’s property, adjacent properties, and neighboring properties. C, whether the granting of the exception will serve the public interest in improving and preserving the value of the property. D, such other matters as the Board of Appeals deems irrelevant and material. Inspector Burris gave sworn testimony stating the property owners’ at 3917 N Prospect is requesting a special exception to construct an extension of a legal non-conforming addition that was built in 1967. The newly proposed addition is a four-foot extension beyond the existing footprint and would maintain the same plane along the side of the house. The Village received the residential development application for design review board as well as a zoning review and Board of Appeals application on July 27, 2026. The zoning review was completed on July 28, 2026 and found that the proposed addition would sit point four feet within the side yard setback. The setback requirement is that it is three feet from the lot line. Pursuant to municipal code section 535- 34 A : Expansion or enlargement. No such structure shall be expanded or enlarged if such expansion or enlargement will add to or increase the degree of nonconformity, unless such structure is made to conform to the regulations of the district in which it is located. Amy Topel, the homeowner, gave sworn testimony stating that when the addition was added in 1967, one wall was taken out. The idea is to make the kitchen workable and have more space. The back door is used as a main entrance and would like to have a mud room and closet. Amy believes this addition will add more value to the home for future sell. Chair Smith moved to close the testimony to enter deliberation, seconded by Kevin Mathews. Reiterated the elements the board is looking for are the effect of granting this exception on the appearance of this particular property as well as the nearby properties whether they will have a value on the applicant’s property value, any adjacent properties, whether it would serve the public interest and preserve the value of the property that deem relevant and material. After deliberation, Chair Smith made a motion to grant a special exception to construct a rear yard addition within the side yard setback area at residential property 3917 N Prospect Ave as it was found that this special exception meets the criteria set forth in municipal code section 535- 34 E as likely to improve the property value of this property as well as adjacent properties with no evidence of any potential detriment. It was seconded by Kevin Mathews. Motion carried by a roll call vote of 4-0. 6. Adjournment The meeting was adjourned at 6:23pm. Respectfully submitted, Mai Chang, CMC, WCMC Report to Board of Appeals October 14, 2026 Prepared by: Building Inspector Justin Burris RE: Request for an appeal of the Village Inspector’s interpretation of Zoning Ordinance 535-9G pertaining to open space requirements at residential property 2611 E. Beverly Road. In August of 2020 JD Griffiths applied for a permit to construct a new 28 ’x24’ detached garage at 2611 E. Beverly Rd. The garage project dovetailed with an interior renovation project where the existing attached garage of the house was converted into living space, and rear yard improvements including a deck and landscaping were also completed. All required reviews and approvals were conducted prior to construction taking place, and all permitted work was completed in August of 2022. Through the years these projects took place I met with and had discussions with the neighboring property owner of 2608 E. Newton Ave., John Frederick. Mr. Frederick had concerns about the lot coverage and drainage at 2611 E. Beverly Rd. , and I assured Mr. Frederick that all required zoning requirements had been check ed, rechecked, and that the 2611 E. Beverly was in compliance with all applicable Village ordinances. On September 28, 2026 the owners of 2608 E. Newton Ave. submitted an application to the Board of Appeals, appealing the Village’s interpretation of 535-9 G. Zoning/Applicable Regulations: 535-9 G. Open space requirements in R Districts. At least 30% of each lot shall remain as open space, uncovered by structures, and planted with grass, shrubs, trees or other forms of vegetation, or surfaced with natural ground cover. Materials provided: 1. Board of Appeals application 2. Pictures / Aerial / Parcel maps / Property survey of 2611 E. Beverly Rd. Report to Board of Appeals October 14, 2026 Prepared by: Building Inspector Justin Burris RE: Request a variance of Zoning Ordinance 535-49 H regarding a parking space constructed in the front yard at residential property 4425 N. Lake Drive. On September 30, 2026 Inspector Justin Burris issued a letter to the owners of 4425 N. Lake Dr. after seeing that a front yard parking space had been constructed in violation of the zoning code, and without prior approval or required permits. On October 1, 2026 the owners submitted an application to the Board of Appeals for a variance. In 2024 the owners installed a front yard patio which went before the Village Desing Review Board for approval, and at that time there was correspondence between the Village and the landscaping contractor about the possibility of installing a circular driveway, but ultimately the owners decided against it. The plans for the front yard patio work did not include a parking pad. Zoning/Applicable Regulations: 535-49 H. (1) Parking on a lot is prohibited, except on approved driveways or approved parking spaces. (2) Parking of vehicles other than automobiles is prohibited, except in the rear yard of a lot. (3) Outdoor parking spaces other than approved driveways shall not be constructed in the front yard or side yard of a lot; Materials provided: 1. Enforcement Notice 2. Board of Appeals application and supplementary materials 3. Pictures / Aerial / Parcel maps / Property survey 4. Approved plan for the front yard patio RESIDENTIAL INSPECTION REPORT ACTION REQUIRED Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211 Date: 09/30/2026 Owners Name: Lucas and Elizabeth Speaker Owners Address: 4425 N. Lake Drive City, State, Zip: SHOREWOOD, WI 53211 Property Address: 4425 N LAKE DR Enforcement Dear Lucas and Elizabeth Speaker, You are receiving this letter as it has come to the attention of the Planning & Development Department, that a new parking area has been constructed in the front yard of 4425 N. Lake Dr. Failure to respond to this letter will result in re-inspections that may trigger forfeitures after the date indicated below. SHOREWOOD VILLAGE CODE REFERENCE CODE DEFICIENCY 535-49 H. (1) Parking on a lot is prohibited, except on approved driveways or approved parking spaces. (2) Parking of vehicles other than automobiles is prohibited, except in the rear yard of a lot. (3) Outdoor parking spaces other than approved driveways shall not be constructed in the front yard or side yard of a lot. ACTION REQUIRED: 1. Remove the concrete parking pad constructed without a permit in the front yard of 4425 N. Lake Drive and return the area to a material that complies with 535-9 G: open space uncovered by structures, and planted with grass, shrubs, trees or other forms of vegetation, or surfaced with natural ground cover. COMPLETION DATE: 10/30/2026 EXTENSION If an extension is needed to comply with this order, please forward a written request, addressed to the undersigned, stating your phone number, your mailing address, the action you are taking towards compliance and the anticipated completion date. APPEAL If after discussions with staff you find that you are not in agreement with the enforcement of the above listed violations, i t is your right to appeal to Shorewood’s Board of Appeals within 30 days of receipt of this order. The Board of Appeals meets once a month. Forms and explanations are available at the Planning & Development Department at Village Hall or online on the Village website villageofshorewood.org under Application Forms. RESIDENTIAL INSPECTION REPORT ACTION REQUIRED Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211 RE-INSPECTION FEES In accordance with section 326-18 of the Village Code, a fee may be charged for any re -inspection, except no fee shall be charged for the final re -inspection when compliance is recorded. The fee is $50 for the first re - inspection, $75 for the second, $150 for the third, and $250 for the fourth and all subsequent re -inspections. Re-inspection fees will be invoiced, or if unpaid, a lien shall be applied upon the real estate where the re -inspections were made and shall be assessed and collected as a special tax. If you wish to contest the assessment of a re-inspection fee, contact the inspector. NEXT STEPS You are strongly encouraged to contact me as soon as you receive this letter so that we can work together to bring the above referenced violation(s) into compliance. I may be reached at Monday through Friday, 8 :00 A.M.- 4:30 P.M. or by email at Respectfully, Justin Burris Building Inspector Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211