Board of Appeals Regular Meeting Materials (PDF)

BOARD OF APPEALS MEETING Thursday, October 1, 2026 4:00 P.M. Video Conference PLEASE TAKE NOTICE that a meeting of the Brown Deer Board of Appeals will be held virtually. The public can access this meeting of the Board of Appeals meeting online at the following link https://us02web.zoom.us/j/84265829485?pwd=Spe0KBVlAhhCAVbXb63kPJUNi0ZDuI.1 or via phone by dialing 1-312-626-6799 with Meeting ID: 842 6582 9485 Passcode: 658112 The following items of business will be discussed and possibly acted upon: I Roll Call II Consideration of August 27, 2025 Minutes III Case to be Heard A) Appeal of Vicious Dog Declaration - “Blue” – 3435 W. Pelican Lane IV Adjournment Caren Brustmann Caren Brustmann, Village Clerk September 28, 2026 PERSONS REQUIRING SPECIAL ACCOMMODATIONS FOR ATTENDANCE AT THE MEETING SHOULD CONTACT THE VILLAGE CLERK AT LEAST ONE BUSINESS DAY PRIOR TO THE MEETING. MINUTES OF THE MEETING OF THE BROWN DEER BOARD OF APPEALS AUGUST 27, 2025 - HELD VIRTUALLY - https://us02web.zoom.us/j/89259269045 1 -312-626-6799 Meeting ID: 892 5926 9045 ______________________________________________________________________________ T he meeting was called to order at 4:00 p.m. I. RO LL CALL P resent: Walter Smith, Dionne Barnes, Tracie Horton A lso Present: Nathaniel Piotrowski, Community Development Director; Paul McKenna, McKenna Real Estate E xcused: Angela Walters, Nancy Hoppe II. CO NSIDERATION OF JULY 31, 2025 MINUTES I t was moved by Mr. Smith and seconded by Ms. Horton to approve the minutes as written. The motion carried unanimously. III. CAS ES TO BE HEARD A) C ase No. 1005 – Case No. 1005 – Setbacks – 7600 N. Teutonia Avenue Mr . Piotrowski reviewed the case and introduced the applicant, Paul McKenna. Mr. Piotrowski reviewed the history of the site and described its lack of redevelopment due to setback constraints. Mr. Piotrowski noted that the building variance on the east side would be up to 30’, 29’ feet on the south side and 15’ on the west side. He noted that a 2’ parking setback variance was also being requested. Mr. McKenna described his warehouse proposal and indicated the multiple setback encroachments. Mr . Smith asked Mr. McKenna if he was aware of the setback issues prior to securing the site. Mr. McKenna stated that he was somewhat aware of the issue after speaking with staff. He noted that he was advised that the Village would support his efforts if he wanted to request a variance. Ms. Barnes asked if the facility would be self-managed. Mr. McKenna stated that this was the case. M s. Horton asked about the potential for exterior storage, fencing and other site details. Mr. Mckenna replied that there would be no exterior storage and did not see the need for a fence. He added that security cameras would be installed. M r. Smith asked about signage for the building. Mr. Piotrowski replied that individual tenant signage would not be allowed and a monument sign would be required for the multiple tenants. Ms. Barnes asked when construction was likely to begin. Mr. McKenna stated that he would like to start within 4-5 months. Case No. 1004: A motion was made by Ms. Barnes and seconded by Ms. Horton to grant the variance for the various building and parking setbacks at 7600 N. Teutonia Avenue. The motion passed unanimously. IV. Adjournment The meeting adjourned at 4:23 p.m. Other Vehicle Information: NCIC# Incident: CFS Code-1: CFS Code-2: CFS Code-3: CFS Code-4: CFS Code-5: CFS Code-6: CFS Code-7: CFS Code-8: Name (Last, First, Middle) DOB: Race/Sex Incident Report Number: Between: Date - Time And/At: Date-Time Address: (Address, City, State, Zip) Employer Employer Address Work Phone # Time Received: Time Cleared: Unit(s) Assigned: Reporting Officer(s): Report Date: License Number: State: Expiration Year: Vin: Insurance Company: Reviewed by: Copy To Date:CFS Code-1:Incident Report Number: Incident Location: Address: (Address, City, State, Zip) Name (Last, First, Middle) Race/Sex Employer Phone 2 Employer Address Work Phone # Vehicle Information: (Year, Make, Model, Style, Color) Pages: SUMMARY An investigation into a dog bite incident was conducted after Aaron Marty's dog Blue broke free from his restraints, left his property and attacked a neighbor's dog and its owner, Jeffrey Woods. Upon completion of the investigation Blue was deemed vicious in accordance with Village Ordinance.  1 Of 4 Continuation Reporting Officer(s): Pages:: Incident Report Number Incident Location: Incident Date: NAMES Contact Marty, Aaron John W/M-53 of 3613 W Pelican Ln, Brown Deer,WI 53209 DOB: 10/14/1972 HT: 601 WT: 205 Eyes: Brown Phone 1:(414) 750-9827 ============================================================================= NARRATIVE ASSIGNMENT TO CALL On September 3, 2026, at approximately 10:27 AM, while on uniform patrol and assigned to squad 1343 with a body-worn camera, I responded to 3435 W Pelican Ln in the Village of Brown Deer, Wisconsin, for a report of a dog attack. CONTACT WITH DEBORAH AND JEFFREY WOODS Upon my arrival at the residence, I was greeted by Deborah Woods (known subject), who was holding her right arm. Deborah had visible scratch marks on her thumb and index finger, which appeared to be superficial. She was unsure if her dog caused the injuries or if they were from the other dog. Deborah reported that her husband, Jeffrey, was in the backyard with a pit bull that had bitten their dog. While I was speaking with Deborah, a male subject later identified as Tom Lee drove a silver Nissan sedan with the Wisconsin license plate AZM4680 to the residence and asked if we had seen a pit bull in the area. Deborah indicated that there was indeed a pit bull in the backyard. Lee then proceeded to the backyard and placed a leash on the pit bull, named Blue. Shortly afterward, Blue's owner, Aaron Marty, arrived and spoke with Officer White. (SEE OFFICER WHITE'S SUPPLEMENT REPORT/CONTACT WITH THE DOG OWNER) CONTACT WITH JEFFREY WOODS AND HIS INJURY I then made contact with Jeffrey, who had sustained injuries to his left hand. I requested that North Shore Fire respond to the scene. While we waited for their arrival, Jeffrey explained that his dog had run out of their residence, and when he looked outside, he saw a pit bull in the yard. He stated that the dogs were sniffing each other, and he tried to get his dog to retreat and go back inside the house. At one point, Blue 2 Of 4 Continuation Reporting Officer(s): Pages:: Incident Report Number Incident Location: Incident Date: attempted to attack his dog. Jeffrey explained that the pit bull not only bit his dog but while holding him by the neck in his jaws, dragged him across the yard. He felt compelled to intervene and tried to get Blue to release his dog by grabbing Blue. When Blue did not comply, Jeffrey used a metal flagpole to pry Blue's mouth open and make him let go. During this altercation, Jeffrey sustained some puncture wounds on his hand.  He said that after successfully getting Blue to release from his dog, Blue turned and bit Jeffrey. The North Shore Fire Department treated his wounds, and he indicated he would go to the hospital after taking his dog to the veterinarian. BOONE (JEFFREY AND DEBORAH WOODS' DOG) Boone, a neutered male Australian labradoodle, was taken to the Brown Deer Animal Hospital located at 8745 N 51st St, in the Village of Brown Deer. According to Deborah, Boone sustained three deep puncture wounds to his neck. Due to the severity of Boone's injuries he underwent surgery receiving multiple stiches  and was prescribed antibiotics. Boone was also bitten on his left ear; however, this wound did not require medical attention. ADDITIONAL INFORMATION I photographed Jeffrey's injuries, his wife's injuries, and their dog's injuries. I subsequently uploaded the photographs to the server. Aaron Marty was issued a Northshore Health Department order to quarantine his dog, Blue. Boone and Blue are licensed and up to date on their vaccinations. The Brown Deer Police Department has had no prior contacts with Aaron Marty or his dog Blue for animal complaints.  Based on Blue's actions of breaking free from his restraints, leaving his yard, entering a neighboring property and without provocation attacking another domestic animal and its owner resulting in injuries to both, Blue was deemed vicious in accordance with Village Ordinance 6-7. SERVICE OF VICIOUS DOG LETTER On 09/11/2026, at approximately 12 PM, I ,PO Wandaogo personally served Marty Aaron with a letter deeming his dog, Blue, as vicious.  Marty was advised he has 10 days from the day of service (09/11/26) to appeal this decision. He was also provided with paperwork indicating how he could appeal this decision.  3 Of 4 Continuation Reporting Officer(s): Pages:: Incident Report Number Incident Location: Incident Date: OFFICER'S DISPOSITION This report will be forwarded to the North Shore Health Department. Blue was deemed vicious and it's owner, Aaron Marty, was issued and mailed a Municipal citation for a dog at large under the Brown Deer Ordinances. Aaron Marty has 10 days from the day of service (09/11/26) to appeal the decision deeming his dog vicious.  4 Of 4 Incident Report Number: Incident Location: New Incident: Incident Date: Reporting Officer(s): Reviewed by: Report Date: &RS\7R Page: NAMES Owner/Property Marty, Aaron John W/M-53 of 3613 W Pelican Ln;BD, Brown Deer,WI 53209 DOB: 10/14/1972 HT: 601 WT: 205 Eyes: Brown Phone 1:(414) 750-9827 Contact Lee, Tom A/M-42 of 3613 W Pelican Ln, Brown Deer,WI 53209 DOB: 12/06/1983 HT: 505 WT: 165 Hair: Black Eyes: Brown Phone 1:(414) 350-0733 ============================================================================= NARRATIVE Dispatch to Call On 09/03/2026 at approximately 10:27AM, while on uniformed patrol equipped with a BWC, I responded to 3435 W. Pelican Ln. for a dog bite. PO Wandaogo also responded.  Contact with Aaron Marty Upon arrival, I spoke with the owner of the attacking dog, Aaron MARTY, who resides at 3613 W. Pelican Ln. MARTY stated his roommate, Tom LEE, let his dog, Blue, out this morning on a chain/leash that is attached to a stake in the ground. Blue was able to get off of the chain/leash and left the yard. MARTY did not know what happened until LEE saw PO Wandaogo's squad car and learned of the incident. MARTY stated Blue is always hooked up to the chain/leash when outside. MARTY stated Blue is a male neutered pitbull/pitbull mix and is approximately 4 years old. MARTY stated he got blue from a friend in April due Blue having to be rehomed due to his friend's living 1 Of 2 Continuation Reporting Officer(s): Pages:: Incident Report Number Incident Location: Incident Date: situation. Blue was originally a rescue from MADAC. MARTY stated that before being rescued Blue was used as a bait dog and he was told Blue has dog aggression but is not human aggressive. MARTY stated to his knowledge Blue has never bitten another dog or person before this incident. MARTY has never observed any human aggressive behavior from Blue. MARTY was able to provide me with Blue's vaccination records and Blue is up to date on his rabies vaccine. A copy of the vaccine record has been uploaded to the department server. I physically observed Blue, who was on a leash and under control. Blue seemed friendly and wanted to approach me, I saw no aggressive actions from Blue. I observed no physical injuries to Blue. I photographed Blue and the photo has been uploaded to the department server.  Contact with Tom Lee I then spoke with Lee. Lee stated he put Blue on the chain/leash in the backyard. He stated he remembers opening the clasp and attaching it to Blue's collar. Lee stated he left Blue on the leash in the backyard and walked around front to get cigarettes from his vehicle parked in the driveway. Lee stated he then went near the garage to smoke and did not notice Blue had gotten off the leash until MARTY came out and asked him where blue was. LEE stated he got into his vehicle and began to drive around and look for Blue. MARTY learned of the incident when he observed PO Wandaogo's squad.  Officer's Disposition This report is to be submitted with PO Wandaogo's incident report.  2 Of 2 ··• •.·�.NORTH SHORE ·• � HEALTH DEPARTMENT ORDER OF QUARANTINE •. Tq_:,�·-. ����-=---O�C=---G�'\"li--..\.,,......_\ .....s::::\ \:���---- • �ddress:----"·��6�- l1.--'?>�\II.A," ,_l..� ___:�t,.-....;?�)......:1:�;.....IZ-...!..-1-"--'=--l........._._N ___ _ ·secause of a reported bite, the animal described below is ordered quarantined for at least 10 days. The purpose of the quarantine Is • : ·to :�risJre that the animal does not have rabies. Wisconsin State Statutes Ch. 95.21 and Brown Deer Village Code Ch. VI, Article I :··.r���-ufr� this quarantine. � � c:A �ft\� o;d· <S })A� �,))�SCRIPTION and Name of Animal: P:c:('5\ ) l \ � fA.'n,\?-,D . ·�: .'.. ::A. If yo�r animal's rabies vaccine is cprrent: '. • , 1.Keep the animal isolated from people and other animals either: .. ,, a. On your premises in an enclosed area ;., • b. On your premises on a four foot leash c. At MADACC oran approved isolation facility 2. Submit the animal for at least three examinations by a licensed veterinarian. These should occur on the first day of the . ·, • quarantine, the last day of the quarantine and at least one Intervening day. 3. Observe the animal closely for any signs of illness or changes in behavior and report any such changes to the Health • Department and veterinarian immediately. 4. Keep the animal during the quarantine. Do not give it away or sell It. If It Is necessary to humanely euthanize the animal during the quarantine, the Health Department must be notified prior to this being done. 5. The owner is responsible for providing the Health Department with documentation of rabies vaccination and three -. veterinarian exams, scheduled as above. 6. The owner is responsible for all costs related to the quarantine of the animal. ·,:s.' •• lf your animal's rabies vaccine is not current: .. • • • 1. The animal must be quarantined in an Isolation facility, either at MADACC {Milwaukee Area Domestic Animal Control Commission) or another approved isolation facility at the owner's expense for a minimum of 10 days. The animal must be delivered to the isolation facility within 24 hours of the quarantine order. 2. The veterinarian must examine the animal at least 3 times during the course of the quarantine. These should be on the first day of the quarantine, the last day of the quarantine and one intervening day. 3. If the animal must be euthanlzed during the quarantine, the Health Department must be notified prior to this being done. 4. The owner is responsible for providing the Health Department with documentation from the Isolation facility veterinarian, including three examinations, scheduled as above. These pr9vlslons are for the protection of you, your household, and the community. Violation of any of these requirements may .be. c;aµse_for legal action. • Quarantine order delivered: g)\ � l ff In person Date and time:. ___ ...... _ '"""'��1---�-------- By mail Date mailed:._�=-----:-----r=----,,,---=-By: Name and title: 5?') W,'?t<:b,);{)\'3<\G,O ¥32,2 1tyo� have not spoken with a Health Department representative by the time you receive this information, you must call the Health J:�epartment at 414-371-2980, Monday- Friday 8:00am- 4:30 pm. (a) (b) (1) a. b. c. d. e. Sec. 6-7. - Animals causing injury and vicious dogs. Reporting animal bites. Any owner of any animal which has bitten any person shall cause the animal to be confined and isolated for a period of at least ten days. This quarantine may be on the premises of the owner if the animal is immunized currently against rabies. Notice in writing of such bite shall be made to village health authorities immediately. Village health authorities may order such animal to be immediately examined by a trained individual or, at the owner's expense, by a licensed veterinarian immediately and also have such animal reexamined by a trained individual or licensed veterinarian at the owner's expense. Said examiner shall issue to the health department a certified statement of determination as to whether or not the animal is infected with rabies. An animal will be released from confinement only after a determination that it is free from rabies and a proper written release is obtained from the health department, police department or humane officer upon demand. If a quarantine cannot be imposed because the animal cannot be captured, the officer may kill the animal. The officer may kill an animal only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner which avoids damage to the animal's head. Regulation of vicious dogs. Definition. As used in this section, the term "dangerous or vicious dog" means any dog, except dogs utilized by law enforcement officers in the performance of their duties, that fits into any of the following categories: Any dog which, when unprovoked, bites or otherwise causes bodily injury to a person or a domestic pet or animal, whether on public or private property. Any dog with a demonstrated propensity, history, tendency or disposition to attack, cause injury to, or otherwise threaten the safety of humans or domestic pets or animals. Any dog not in strict conformity with the rabies control program of the village. Any dog that has killed a domestic pet or animal without provocation while off its owner's property. Any dog that has been declared dangerous or vicious by any agency or department of another municipality, county, or state shall be subject to the provisions of this chapter for the remainder of its life. The person owning or having custody of any dog designated as a dangerous or vicious dog by any municipality, county, or state government shall notify the police department and village clerk of the dog's address and the conditions or restrictions of maintenance already imposed by the other agency or department within ten days of moving the animal into the village. All of the restrictions and conditions of maintenance of any dog declared dangerous or vicious by any municipality, county, or state shall remain in force while the dog remains in the village, unless expressly modified in writing by the 9/17/26, 10:42 AM Brown Deer, WI Code of Ordinances about:blank 1/5 (2) a. b. c. d. (3) (4) chief of police or his designee. In addition, all of the provisions of this chapter shall apply to such dog unless the restrictions or conditions of maintenance imposed by the other agency or department are more restrictive than the requirements of this chapter. Exceptions. A dog shall not be categorized as vicious if it bites, attacks or menaces any person, domestic pet or animal in order to: Defend its owner, caretaker or another person from an attack by a person or animal. Protect itself, its young or another animal. Defend itself against any person or animal that has provoked, tormented, assaulted or abused it. Defends its owner's property against harm, the threat of harm, or a reasonably perceived threat of harm, by trespassers. Notification of hearing. If a police officer or health officer determines that a dog is vicious, as defined in this section, he may declare the dog to be a vicious dog. The police officer or health officer shall immediately inform the owner in writing, by personal service or certified mail, of such determination. If an owner contests the designation of the dog as vicious, the owner must make a written request for a hearing to the board of appeals within ten days of receipt of the notice. The board of appeals will convene a hearing. At the hearing, the owner, the police department, the health department, or any other interested party shall have the opportunity to present evidence as to why the dog should not be declared vicious. Any other interested party shall be notified in writing of the hearing by regular mail. The hearing shall be held promptly within such time as reasonably practicable in the discretion of the chief of police, but not less than seven days after receipt of the request for hearing. Pending the outcome of the hearing, the dog must be securely confined in a humane manner either on the premises of the owner, a licensed veterinarian, MADACC (Milwaukee Area Domestic Animal Control Commission), or such other place or manner, any of which to be determined in the discretion of the board of appeals. After the hearing, the owner shall be notified in writing of the determination. If a determination is made that the dog is vicious, the owner shall comply with the provisions of this chapter in accordance with a time schedule established by the board of appeals, but in no case more than 30 days after the date of determination. They may appeal the decision within 30 days of receiving the decision to the Milwaukee County Circuit Court as provided for in Wis. Stats. § 68.13. Signage. The owner of a vicious dog shall display in a prominent place on his premises a warning sign in letters no less than two inches high, stating that there is a vicious dog on the premises. This sign shall be clearly visible and capable of being read from any public property, street or highway adjacent to the premises. In the event that the entrance to the premises is not visible from an adjacent street or highway, such as an apartment or condominium unit, 9/17/26, 10:42 AM Brown Deer, WI Code of Ordinances about:blank 2/5 (5) (6) (7) (8) then such sign shall be displayed on all entrance doors to the owner's premises. A similar sign shall be required to be posted on the pen or kennel of the animal. The sign or signs shall contain a symbol warning children of the presence of a vicious animal. Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel on the premises of the owner except when leashed and muzzled. When constructed in an open yard, the pen or kennel must be childproof from the outside and dog proof from the inside. A strong metal double fence with adequate space between fences (at least two feet) must be provided so that a child cannot reach into the dog enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the village. No vicious dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner that would allow the dog to exit the house or structure on its own volition, except through a door leading directly to a pen or kennel meeting all of the requirements of this subsection. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the house or structure. Leash and muzzle. No person owning, harboring or having care of a vicious dog may permit such dog to go outside of its kennel or pen unless the dog is securely kept on a leash no longer than four feet in length. No person may permit a vicious dog to be kept on a chain, rope, leash or similar restraining device outside its kennel or pen unless a person competent to govern the animal is in physical control of the restraining device and remains in position to control the dog at all times. The dog may not be leashed to inanimate objects such as tees, posts or buildings. A vicious dog outside the dog's kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when either shown in a sanctioned American Kennel Club Show or upon prior written approval by the chief of police or his designee. Spay and neuter requirement. Within 30 days after a dog has been designated vicious, the owner of the dog shall provide written proof from a licensed veterinarian that the dog has been spayed or neutered. In the event that the owner submits a timely appeal of the designation, this requirement shall be stayed until such time as any further right to appeal has been exhausted or the designation has been overturned on appeal. Liability insurance. The owner of the vicious dog shall present to the village manager's office a certificate of insurance that shows that the owner has procured liability insurance in the amount of at least $100,000.00, insuring the owner for any personal injuries or physical 9/17/26, 10:42 AM Brown Deer, WI Code of Ordinances about:blank 3/5 (9) (10) a. b. c. (11) (12) (c) damage inflicted by the vicious dog. In addition, the policy of insurance shall require a minimum of ten days' notice to the village of any cancellation or termination of such policy. In lieu of the liability insurance requirement, the owner of a vicious dog may present evidence of a surety bond in the sum of at least $100,000.00, payable to any person injured or whose property has been damaged by the vicious dog. The proof of insurance or surety bond must be presented to the village manager's office each year at the time the dog's license is renewed. Required notification by owner. The owner of a vicious dog shall immediately notify the police department if the dog escapes, is unconfined, has attacked another animal or human being, has died, or has been sold or given away. If the dog has been sold or given away, the owner shall give the police department the name, address, and telephone number of the new owner. Permit and tag required for a vicious dog. The owner of a vicious dog shall, within three business days after the dog has been classified as vicious, or upon acquisition of such a dog, obtain an annual permit from the village clerk to harbor the dog. The fee for such permit shall be as established by the village board. The initial fee shall be prorated if issued after January 1 and shall be due on or before January 1 of each year thereafter. At the time the permit is issued, a special tag shall be issued by the village to the owner of the vicious dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a vicious dog. The permit for maintaining a vicious dog shall be presented to an officer upon demand. Removal. If the owner or caretaker of a dog that has been designated vicious is unwilling or unable to comply with the regulations for keeping the dog in accordance with this section, such owner or caretaker shall remove the dog from the village, with the dog only being allowed to be returned if there is compliance with all regulations of this section. The owner shall remove the dog within 24 hours of service of written notice to do so. In the event that the owner refuses to accept such notice, the police department may attach the written notice to the front door of the owner's residence, and such notice shall be deemed served upon posting on the door. Inspection. The health department or police department may make whatever inquiry is deemed reasonably necessary to insure compliance with this section. 9/17/26, 10:42 AM Brown Deer, WI Code of Ordinances about:blank 4/5 Court order to kill dog. Any dog that has caused serious injury to a person or domestic animal on two separate occasions off the owner's premises without reasonable cause may be destroyed as a result of judgment rendered by a court of competent jurisdiction, as specified under Wis. Stats. § 174.02(3). The village board may authorize the village attorney to commence a civil action to obtain a judgment from a court ordering an officer to kill such a dog. (Prior Code, § 6-1.07; Ord. No. 06-11, § I, 8-21-2006; Ord. No. 10-01, § I(D), 1-25-2010; Ord. No. 17-03, § I, 3-6- 2017) 9/17/26, 10:42 AM Brown Deer, WI Code of Ordinances about:blank 5/5