Board of Appeals Meeting Agenda

Board of Appeals Agenda Notice PLEASE TAKE NOTICE that a meeting of the Village of Shorewood Board of Appeals will be held in hybrid format on Wednesday, August 12, 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: Click here to join via Zoom Meeting ID: 927 6168 8122 Passcode: 021732 Join via phone: 309-205-3325 1. Call to Order 2. Approve minutes –July 15, 2026 3. Attorney to review standards by which the Board of Appeals must abide. 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 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 6. Adjournment PLEASE BE ADVISED THAT A REPRESENTATIVE OF THE APPLICANTS FOR THE ABOVE ITEMS MUST BE PRESENT AT THIS MEETING. Dated this 4th day of August, 2026. Toya Harrell, MMC, WCPC Village Clerk 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 July 15, 2026 DRAFT 1. Call to Order. The meeting was called to order at Present were Wendy Smith, Stephen Isaacson and Kevin Mathews. The meeting was properly noticed and posed according to law. 2. Approve minutes –March 18, 2026 The meeting was approved with no edits. 3. Review standards by which the Board of Appeals must abide. Chair Smith reviewed the standards. 4. Request for a variance of Village Code 225-8 B (5) to allow a six-foot fence along the north property line from rear yard northwest corner to the center of home on north side at residential property 4067 N Lake Drive, Parcel Number 238- 0066-000, Legal Description: LAKE AVE SUBD SW 1/4 SE 1/4 3-7-22 E LOT 5 BLK 7 Inspector Burris gave sworn testimony stating on June 02, 2026 Inspector Tim Koepp issued a letter to the owners of 4067 N. Lake Dr. for a fence installed without a permit that detailed additional violations relating to the height and location of the fence. The letter noted that per Village code section 225-8 B (5 ): No fence more than four feet in height may be erected between adjoining properties when the fence parallels an existing residence and the distance between the fence and the residence on either property is less than six feet. Salvatore Terrasi, the homeowner, gave sworn testimony stating that the primary reasons for the fence were privacy and safety, particularly when exiting the home from the side. He explained that the proposed fence would replace the previous fence, which was destroyed in last year's flood. Mr. Terrasi testified that the new fence would have the same height as the former fence (6 feet) and that the gate that is to be installed would also be 6 feet high to align with the fence. There has been a subsequent Village Code modification that specifies the Chair Smith closed the testimony and moved to go into deliberation and it was properly seconded by Stephen Isaacson. After deliberating, Wendy moved to grant the request for a variance of Village Code 225-8 B (5) to allow a six-foot fence along the north property line from rear yard northwest corner to the center of home on north side at residential property 4067 N Lake Drive as the request meets the criteria to grant the variance as to the and no detriment to the neighboring property. It was seconded by Stephen Isaacson 5. Adjournment The meeting was adjourned at 5:50pm. Respectfully submitted, Toya Harrell, MMC, WCPC Report to Board of Appeals June 10, 2026 Prepared by: Building Inspector Justin Burris RE: 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. On February 26, 2026 Inspector Tim Koepp issued a letter to the owners of 3528 N. Frederick Ave. for a fence that was installed without a permit that detailed additional violations relating to the height and location of the fence. After a second letter was issued on March 09, 2026 the owners reached out via email to inquire about the notices; they were unaware a permit was required for a fence replacement, and the fence they replaced had been six feet tall. The owners submitted a Building Permit application on March 13 th, which was denied on the basis that it violates 225-8 B. (5), in that the fence exceeds four feet in height but is only 40 ” inches from the house. Through the correspondence back and forth between Inspector Koepp and the propert y owners, the additional issue of the fence crossing the property line onto the pro perty of 3532 N. Frederick Ave. seems to have gotten lost but also must still be resolved. Zoning/Applicable Regulations: 225-8 B. Fences (1) All fences which extend 16 linear feet or more, or which are erected or constructed to a height of more than four feet, shall require a building permit and a fee as provided by the Village Fee Schedule. (5) No fence more than four feet in height may be erected between adjoining properties when the fence parallels an existing residence and the distance between the fence and the residence on either property is less than six feet. (6) All fences erected shall have the structural components thereof facing the side of the property for and on which the same are erected. (9) All fences shall be erected within the dimensions of the lot according to survey. Materials provided: 1. Enforcement Notices 2. Email correspondence 3. Building Permit application and Denial Letter 4. Board of Appeals application and supplementary materials 5. Pictures / Aerial / Parcel maps / Property survey RESIDENTIAL INSPECTION REPORT ACTION REQUIRED Date: 02/26/2026 Owners Name: Joshua Murdoch Owners Address: 3528 N. Frederick Avenue City, State, Zip: SHOREWOOD, WI 53211 Property Address: 3528 N FREDERICK AVE Tax Key: 276-0464-000 Enforcement #: EEN26-000018 Dear: Joshua Murdoch In accordance with the Village of Shorewood’s exterior maintenance program a recent inspection due to a complaint on 02/26/2026 of the above referenced address revealed the following deficiencies according to the Village Code. Failure to respond to this letter will result in re-inspections that may trigger forfeitures after the date indicated below. CODE REFERENCE CODE DEFICIENCY Uncorrected Fence 225-8 B. (5) No fence more than four feet in height may be erected between adjoining properties when the fence parallels an existing residence and the distance between the fence and the residence on either property is less than six feet. Work Without Permit 225-3 F. (5) If any construction or work governed by the provisions of this section or any applicable building codes is commenced prior to the issuance of a permit, triple fees shall be charged. ACTION REQUIRED: 1. Obtain the building permit for the wood fence on the north side that was constructed prior to securing a building permit and approval at triple fee. 2. All fences shall be erected within the dimensions of the lot according to survey. The north side crosses onto 3532 N Frederick Ave property. According to the survey, house to north lot line is 2 foot 8.5 inches, but fence is over 3 foot from the house to the north lot line. 3. Correct the height of the north side fence to not exceed 4 foot in height until it reaches the rear northeast corner of 3528 N Frederick house. COMPLETION DATE: 03/06/2026 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. The Planning and Development Department reserves the right to review the request before granting the extension, a revised letter will be issued as notification. RESIDENTIAL INSPECTION REPORT ACTION REQUIRED 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. 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 (414) 847-2640 Monday through Thursday, 8:00 a.m.- 4:30 p.m. and Friday 8:00 a.m.-12:00 p.m. or by email at tkoepp@shorewoodwi.gov. Respectfully, Tim Koepp Code Compliance Inspector Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211 RESIDENTIAL INSPECTION REPORT SECOND NOTICE ACTION REQUIRED Date: 03/09/2026 Owners Name: Joshua Murdoch Owners Address: 3528 N. Frederick Avenue City, State, Zip: SHOREWOOD, WI 53211 Property Address: 3528 N FREDERICK AVE Tax Key: 276-0464-000 Enforcement #: EEN26-000018 Dear: Joshua Murdoch On 02/26/2026 a letter was sent to the above address regarding an inspection due to a complaint that revealed the following deficiencies according to the Village Code. A re-inspection of the property shows that the deficiencies have not all been taken care of 03/09/2026. Failure to respond to this letter within 3 DAYS may trigger forfeitures. You are hereby ordered to correct each violation listed below within 7 days of the service of this order . Failure to complete all corrections will result in monthly Reinspection Fee’s as outlined in this letter. Unless we hear from you regarding this matter a follow-up inspection will be performed after 03/17/2026. CODE REFERENCE CODE DEFICIENCY Uncorrected Fence 225-8 B. (5) No fence more than four feet in height may be erected between adjoining properties when the fence parallels an existing residence and the distance between the fence and the residence on either property is less than six feet. Work Without Permit 225-3 F. (5) If any construction or work governed by the provisions of this section or any applicable building codes is commenced prior to the issuance of a permit, triple fees shall be charged. ACTION REQUIRED: 1. Obtain the building permit at triple fee for the construction of the 5 foot fence prior to obtaining a permit. 2. Correct the height of the fence between houses to be no taller than 4 feet until the fence reaches the rear corner of the home. Failure to correct the violations noted herein within the set time, may subject you to a forfeiture in a sum not less than $25 nor more than $2,591 and the cost of prosecution per the Village Code. Everyday such violations continue shall constitute a separate offense. RESIDENTIAL INSPECTION REPORT SECOND NOTICE ACTION REQUIRED REINSPECTION FEES In accordance with section 326-18 of the Village Code, a fee may be charged for any reinspection, except no fee shall be charged for the final reinspection when compliance is recorded. The fee is $50 for the first reinspection, $75 for the second, $150 for the third, and $250 for the fourth and all subsequent reinspections. Reinspection fees will be invoiced, or if unpaid, a lien shall be applied upon the real estate where the reinspections were made and shall be assessed and collected as a special tax. If you wish to contest the assessment of a reinspection fee, contact the inspector. I invite you to contact me to discuss and establish a completion timeline. I may be reached at (414) 847-2640 Monday through Thursday, 8:00 a.m.-4:30 p.m. and Friday 8:00 a.m.-12:00 p.m. or by email at tkoepp@shorewoodwi.gov. Respectfully, Tim Koepp Code Compliance Inspector Planning & Development Department 3930 N. Murray Avenue Shorewood, WI 53211 April 14, 2026 Casey Murdoch 3528 N Frederick Ave. Shorewood, WI 53211 Dear Casey Murdoch, Your building permit application #26-0591 for the fence at property address 3528 N Frederick Ave. has been respectfully denied per Village Code 225-8 B (5). Your application was submitted March 13, 2026. Village code section 225-8 B (5) states: No fence more than four feet in height may be erected between adjoining properties when the fence parallels an existing residence and the distance between the fence and the residence on either property is less than six feet. The application provided indicated a fence height of 5 foot. The fence had been set in place already at the time of the application. The property 3528 N Frederick Ave. on the north side of the house does not meet the 6 foot distance required to allow a fence to be constructed at the 5 foot height. You do have the right to appeal this decision, or adjust the height of the fence per code requirements. (See attached Board of Appeals Application). I may be reached at 414-847-2641 should you have any questions. Respectfully, Timothy Koepp Code Compliance Inspector/Associate Building Inspector Planning & Development Department 3930 N. Murray Ave. Shorewood, WI 53211 3531 3521 3522 3525 3528 3539 3535 3532 3536 N Frederick Ave N Frederick Ave N M aryland Ave N M aryland Ave 3528 N. Frederick Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community, Pictometry International, SE Wisc Reg Planning Comm, Microsoft, Vantor Address Numbers Parcels 6/1/2026, 7:33:12 AM 0 0.01 0.010 mi 0 0.01 0.020.01 km 1:564 Shorewood, WI Milwaukee County GIS & Land Information, US Dept. of Agriculture (USDA) | Milwaukee County GIS & Land Information; Southeastern WI Regional Planning Commission (SEWRPC) | Milwaukee County GIS & Land Information | Milwaukee County GIS & Land Information; Ayres Associates, Inc.; Report to Board of Appeals August 12, 2026 Prepared by: Building Inspector Justin Burris RE: Request a Special Exception to construct a rear-yard addition within the side-yard setback area at residential property 3917 N. Prospect Ave. The property owners of 3917 N. Prospect Ave. are seeking 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 north side of the house. The Village received the Residential Development Application for Des ign Review and Zoning Review, and the Board of Appeals application on July 27th, 2026. The zoning review was completed on July 28th, 2026, and found that the proposed addition would sit 0.4’ feet within the side yard setback. Zoning/Applicable Regulations: SETBACK: The minimum horizontal distance between a lot line and the nearest wall of the principal building facing such lot line. 535-19 F. (4) (c) [1]: Setback Interior, minimum: three feet. 535-34 A. (1) 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. 535-34 E. Special exceptions. (1) Subject to the provisions of applicable state law, the Board of Appeals, upon application as required herein, may grant a special exception to the provisions of Subsection A hereof after considering: (a) The effect the granting of the exception will have on the appearance and character of applicant's property, adjacent properties and neighboring properties. (b) The effect the 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 relevant and material. Materials provided: 1. Residential Development application including project plans 2. Zoning Review 3. Board of Appeals application and supplementary materials Date: July 28, 2026 To: Stephen Famelos & Amy Topel Delivered via email: atopel@msn.com RE: Zoning Review – 3917 N. Prospect Ave. (276-0586-000) Residential Addition/ Home Renovation The Village of Shorewood has completed a zoning review of the above referenced property with respect to the proposed residential addition and notes the following: The property located at 3917 N. Prospect Ave. is zoned R-6 One- and Two-Household Residence District No. 1. Zoning standards for this district are located within 535-19F. The existing building, proposed addition and land do or do not conform to the applicable zoning ordinances, including but not limited to those ordinances limiting the use of the real estate or establishing requirements, as to the following: Requirement Proposed or Existing Permitted Compliant Use of premises One-Unit Household Living One- or Two-Unit Household Living Y Lot width 40 ft. 40 ft. min. Y Lot area 5,358 sq. ft. 4,500 sq. ft. min. Y Principal building area approx. 1,322 sq. ft.* (footprint including addition) 1,200 sq. ft. min. Y Principal building height Under 30 ft. (exact measurement not provided) 30 ft. max. Y Chimney height N/A 30 ft. max. N/A Front setback 20.2** 25 ft. min. N Side setback (north) 2.6 ft.** 3 ft. min. N Side setback (south) 10 ft. 3 ft. min. Y Rear setback N/A 3 ft. min. Y Lot coverage (principal building) 24.6% 30% of land area, max. Y Lot coverage (accessory structures) 8.2% (garage) 10% of land area, max. Y Required open space (535-9G) approx. 38%* 30% of lot, min. Y Garage Existing detached garage Garage required per 535- 47A.(3)(a) Y * Based on Assessment and/or GIS Records. ** Legal non-conforming The existing principal building’s current configuration does not conform to the side yard setback requirements; the property is legal non-conforming. It is understood that the lender, owner and Title Company may rely on this review in connection with the purchase, financing or construction of improvements upon the real estate. If you have any questions relating to this review or required next steps to construct the proposed addition, please feel free to contact me to discuss. Regards, Justin Burris Building Inspector Number of parking spaces 2 enclosed garage stalls 1 enclosed required; 2 exterior spaces max. (not in front or side yard) Y Accessory structures, location rear yard (garage) Rear or side yard only 535-26A(2)(b) Y Accessory structures, height N/A 15 ft. max. 535-26A(2)(e) N/A