Board of Appeals Agenda Packet

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, June 10, 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: 945 6445 6726 Passcode: 443331 Join via phone: 309-205-03325 1. Call to Order. 2. Approve minutes –March 18, 2026 3. Attorney to review standards by which the Board of Appeals must abide. 4. Request a variance of Village Code 225-8 B (5) to allow a five-foot 5’ high fence between adjoining properties at residential property 3528 N Frederick Ave, Shorewood WI 53211, Parcel Number 276-0464-000, 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 for a variance of Village Code 535-19 front yard setback regulations related to the enclosure of a front yard patio at residential property 4345 N Wildwood Ave, Shorewood WI 53211, Parcel Number 239-0429-000, Legal Description: PALO ALTO SW 1/4 & E 1/2 SEC 4- 7-22 E., LOT 4 BLK 10 6. Adjournment PLEASE BE ADVISED THAT A REPRESENTATIVE OF THE APPLICANTS FOR THE ABOVE ITEMS MUST BE PRESENT AT THIS MEETING. Dated this 28th day of May, 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 for 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 Agenda meeting Minutes March 18, 2026 DRAFT 1. Call to Order. The meeting was called to order at 5:30p. The meeting was properly noticed and posted according to law. Members present were Wendy Smith (Chair), Kara Espera and Kevin Mathews. 2. Approve minutes –January 14, 2026. Kevin Mathews corrected the spelling of his name. No other changes were made. Wendy Smith moved to approve the minutes with the corrected and it was seconded by Kara Espera. Motion carried unanimously. 3. Review of the standards by which the Board of Appeals must abide. Wendy Smith reviewed the standards for the agenda item. 4. Request a variance of Zoning Ordinances 535 -19 F. (4) (a) to construct a new enclosed entryway on the front of the house within the front setback at residential property 4154- 56 N. Stowell Ave. Inspector Burris provided sworn testimony regarding the subject property’s compliance with applicable zoning ordinances. He stated that the existing building, proposed addition, and land do/do not conform to applicable regulations, including those governing land use and structural requirements. The proposed addition would reduce the average setback by 1.8 feet, resulting in a new average setback of 33.0 feet. Andrew Farrell, the property owner’s contractor, provided sworn testimony in support of the variance request. He explained that the project originated due to a roof leak on the porch. He further noted that, considering the property’s location relative to adjacent properties and the historical character of the home, the proposed design would not present a concern. Matthew Wills, the property owner, provided sworn testimony stating that the home is a converted duplex now functioning as a single -family residence. He indicated that the front porch area needs to be enclosed to create a single accessible entry point for the home, citing safety concerns for their young children. Jeff Dellutri, a neighboring property owner, provided sworn testimony indicating that the property lacks an adequate backyard, resulting in the family primarily using the front yard. He stated that enclosing the porch would not create an issue, noting that his own home has an enclosed front porch. He added that other duplexes on the street maintain separate entryways, eliminating the need for similar enclosures. He concluded by expressing full support for granting the variance. After discussion by members, Wendy moved to close the testimony and go into discussion amongst the board of appeals members, and it was seconded by Kara. After the discussion, Wendy moved to grant a variance of Zoning Ordinances 535-19 F. (4) (a) to construct a new enclosed entryway on the front of the house within the front setback at residential property 4154-56 N. Stowell Ave as meeting the criteria of granting the variance by Motion denied 0-3 5. Adjourned Respectfully submitted, Toya Harrell, MMC, WCPC Village Clerk 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.; From: To: Toya Harrell Subject: 3528 Frederick Avenue Fence Variance Date: Saturday, May 16, 2026 7:08:24 PM Toya -- We support Josh Murdoch & Casey Albiero's request for a variance. Sandie & Terese Pendleton Get Outlook for Android CAUTION: This email originated from outside of the North Shore Consolidated O365 Email System (Bayside, Glendale, Shorewood, Brown Deer, Whitefish Bay, and North Shore Fire & Rescue). Do not click links or open attachments unless you recognize the sender and know the content is safe. Report to Board of Appeals June 10, 2026 Prepared by: Building Inspector Justin Burris RE: Request a variance of Zoning Ordinance 535-19 F. (4) (a) to enclose a covered patio area within the front setback at residential property 4345 N. Wildwood Ave. The property owners of 4345 N. Wildwood Ave. are seeking a variance to enclose a covered patio within the front-yard setback area. The Village received a Residential Development Application for Design Review and a Zoning Review on May 18, 2026, and the Board of Appeals application on May 26, 2026. A zoning review was completed on May 20, 2026, and found that the proposed project of enclosing the patio would not meet the front setback requirements. The existing building’s current configuration does conform to the blocks average setback of 31.3’ feet. The proposed enclosing of the patio area would encroach into the average setback 0.8’ feet (10-3/4” inches). The design of the house is somewhat unique in that the roof that covers the patio area protrudes further into the yard than the house itself, but the definition of setback measures to the building façade, and not structural support elements of a roof str ucture. The existing configuration does not meet the technical definitions of either a porch because it is not elevated, nor a covered entryway because there are supports that extend to the ground ; both a porch and a covered entryway are permitted to encroach into a front 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) (a): Setback Front, minimum: 25 feet or the average of existing setbacks on the side of the street where the property is located, between the two closest intersecting streets, whichever is greater. 535-9 F. (3) Porches and covered entryways. In order for buildings to have various features that provide variety, articulation and unique character, standards are established to allow certain elements of modest size to be placed in setback areas. PORCH: An elevated structure attached to the entrance of a building without side walls, forming a covered approach or vestibule to a doorway. COVERED ENTRYWAY: A covered entrance over a doorway without support structures extending to the ground or floor. 2 Materials provided: 1. Residential Development application 2. Zoning Review 3. Board of Appeals application and supplementary materials 4. Survey of property 4345 N. Wildwood Ave. 5. Pictures / Aerial / Parcel maps 4350 4346 4344 4340 4345 4335 4339 4331 4317 4323 4341 4333 4327 4328 4337 4312 4305 4320 4312 4316 4305 4323 4320 4324 4327 4314 4348 4340 4304 4342 4350 4353 4346 4363 4332 4371 4356 4367 43574336 4349 N Sheffield Ave N MarlboroughDr N Marlborough Dr N W ildwood Ave N M arlborough Dr N W ildwood Ave 4345 N. Wildwood Ave. Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community, SE Wisc Reg Planning Comm, Microsoft, Vantor Address Numbers Parcels 6/1/2026, 3:26:50 PM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:1,128 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.; *based on average of setbacks on west side of block using a combination of existing surveys & GIS measurements. The existing principal building’s current configuration conforms to the setback requirements, however the proposed enclosure of the covered entryway does not meet the minimum front setback requirement based on the average setbacks on the street. 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 Front setback calculation* Address Approximate Setback 4315 N Wildwood Ave 31.7 ft 4319 N Wildwood Ave 31.0 ft 4323 N Wildwood Ave 34.0 ft 4327 N Wildwood Ave 31.5 ft 4331 N Wildwood Ave 35.0 ft 4335 N Wildwood Ave 32.1 ft 4339 N Wildwood Ave 31.2 ft 4345 N Wildwood Ave 34.7 ft - Existing 4349 N Wildwood Ave 29.0 ft 4353 N Wildwood Ave 32.0 ft 4357 N Wildwood Ave 29.8 ft 4363 N Wildwood Ave 32.0 ft 4367 N Wildwood Ave 30.0 ft 4371 N Wildwood Ave 28.8 ft 4375 N Wildwood Ave 31.4 ft 4379 N Wildwood Ave 30.0 ft 4385 N Wildwood Ave 30.1 ft 4389 N Wildwood Ave 31.0 ft 4395 N Wildwood Ave 30.6 ft Average 31.3 ft 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