Zoning Board of Appeals 06 02 2026 — Agenda Packet

Office of Building Services W240 N3065 Pewaukee Road Pewaukee WI 53072 Phone: 262-691-0770 ZONING BOARD OF APPEALS MEETING NOTICE AND AGENDA Tuesday, June 2, 2026 6:00 PM Pewaukee City Hall Common Council Chambers W240N3065 Pewaukee Road, Pewaukee, WI 1. Call to Order and Pledge of Allegiance 2. PUBLIC HEARING 2.1 PUBLIC HEARING, discussion and possible action regarding the request of Jon Williams and Michele Schmidt for a variance from Section 340-4.11(1) to allow for the construction of a new home with an approximate 20-foot front/street year setback and an approximate 7-foot side year setback, aooposed to the required 30-foot street yard setback and 8-foot side years setback for the property located at N27W27136 Woodland Drive (PWC 0933-127) 3. Adjournment Kelly Tarczewski Clerk/Treasurer May 29, 2026 NOTICE It is possible that members of other governmental bodies of the municipality may be in attendance to gather information that may form a quorum. At the above stated meeting, no action will be taken by any governmental body other than the governmental body specifically referred to above in this notice. Any person who has a qualifying disability under the Americans with Disabilities Act that requires the meeting or materials at the meeting to be in an accessible format must contact the Clerk/Treasurer, Kelly Tarczewski, at (262) 691-0770 three business days prior to the meeting so that arrangements may be made to accommodate your request. Page 1 of 15 Page 2 of 15 Page 3 of 15 Page 4 of 15 Page 5 of 15 Page 6 of 15 Page 7 of 15 Page 8 of 15 Page 9 of 15 Page 10 of 15 Page 11 of 15 Page 12 of 15 Page 13 of 15 Office of the Planner & Community Development Director W240 N3065 Pewaukee Road Pewaukee, Wisconsin 53072 Phone (262) 691-0770 Fax (262) 691-1798 fuchs@pewaukee.wi.us REPORT TO THE BOARD OF ZONING APPEALS Meeting of June 2, 2026 Date: May 25, 2026 Project Name: Williams Variance Request Project Address/Tax Key No.: N27W27136 Woodland Drive / PWC 0933127 Applicant: Jon Michael Williams and Michele Ann Schmidt Property Owner: Jon Michael Williams and Michele Ann Schmidt Zoning: Rs-7 Single-Family Residential District, F-1 Floodplain District, and SO Shoreland Overlay District 2050 Land Use Map Designation: Medium Density Residential (6,500 Sq. Ft. - 1/2 Ac. / D.U.) and Floodplains, Lowland, & Upland Conservancy and Other Natural Areas Use of Surrounding Properties: Pewaukee Lake to the north and single-family residential to the south, east, and west. Project Description/Analysis The property owners filed a Variance Application requesting approval of a variance from Section 340- 4.11(1) to allow for the construction of a new home with a 20-foot front/street yard setback and an approximately 7-foot side yard setback, opposed to the required 30-foot street yard setback and 8-foot side yard setback of the Rs-7 District upon property located at N27W27136 Woodland Drive. The proposed home conforms to all other Rs-7 District and Shoreland Overlay District standards. The property owner is proposing about 31% lot coverage; however, intends to provide mitigation, which allows a combined lot coverage of up to 35%. Note that the applicant did not include the driveway in the impervious surface calculations on the survey/grading plan. This will be revised as the project moves forward. The Board of Zoning Appeals must review the application materials provided as well as Section 17.1007 of the City’s Zoning Code (below), which outlines the factors the Board must consider in determining whether to grant or deny a variance request. The applicant has provided responses to these criteria for consideration by the Board. 17.1007 FINDINGS (Rep. & Rec. 14-14) No variance to the provisions of this Ordinance shall be granted by the Board unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates such in the minutes of its proceedings: a. Preservation of Intent: No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a Page 14 of 15 Planner & Community Development Director Nick Fuchs stated permitted principal use, permitted accessory use, or permitted conditional use in that particular district. b. Exceptional Circumstances: There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that the Ordinance should be changed. c. Economic or Financial Hardship and Self-Imposed Hardship Not Grounds for Variance: No variance shall be granted on the basis of economic/ financial gain or loss. Self- imposed hardships shall not be considered as grounds for the granting of a variance. d. Preservation of Property Rights: The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity. e. Absence of Detriment: No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest. f. Additional Requirements in Floodplain District: No variance in or related to a floodplain* shall be granted where: (1) A change in the boundaries or elevation of the base flood floodplain (F-1 District) would result. (2) A lower degree of flood protection than a point two (2) feet above the 100-year recurrence interval base flood for the particular area would result. (3) Any action contrary to the provisions of Chapter NR-116 of the Wisconsin Administrative Code would result. (See sub-section 17.0435 and WisDNR requirements) (4) The lot or parcel is larger than one-half acre and is not contiguous to existing structures constructed below the regional (base) flood elevation. (5) No good or sufficient cause can be shown; greater than a minimum relief is necessary; there is increased risk to public safety or nuisances; rescue and relief costs would be increased; and it is contrary to the purposes of this ordinance. (6) Such variance would allow alteration of an historical structure and/or use. g. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property, and flood insurance premiums could increase up to $25.00 per $100.00 per coverage. A copy shall be maintained with the variance record. Recommendation Staff find that the proposed home and site design is reasonable and consistent with the surrounding area and other new homes constructed within the Rs-7 District. Moreover, the 20-foot street yard setback allows compliance with the 75-foot 100-year floodplain setback. As such, staff recommends approval of the proposed variance request. Consideration should also be given to public comments heard at the public hearing. Page 15 of 15