Zoning Board of Appeals Meeting 05 07 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 Thursday, May 7, 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 Walter and Megan Powell for a variance from Section 340-2.9B(1)(e) to allow a detached accessory building with a height of 29'-10", opposed to the maximum allowed height of 18' upon the property located at N46 W23355 Lindsay Road (PWC 0869-997-001) 3. Adjournment Kelly Tarczewski Clerk/Treasurer April 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 19 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 APPLICATION FOR VARIANCE REQUEST TO THE HONORABLE MAYOR AND ZONING BOARD OF APPEALS OF THE CITY OF PEWAUKEE, WAUKESHA COUNTY, WISCONSIN The undersigned hereby petitions the Zoning Board of Appeals of the City of Pewaukee, Waukesha County, Wisconsin requesting a variance from: ______________________________________________________ __________________________________________________________________________________________________ _________________________________________________________________________________________________. Legal description of property to be rezoned – Please attach. Common property description or name: _______________________________________________________________ Property Address: ________________________________________ Tax Key Number(s): _______________________ Property owner(s) (Full Legal Name): _________________________________________________________________ Owner’s Address: _________________________________________ City/State/Zip: ___________________________ Phone: ________________________________ Email: ____________________________________________________ Applicant (Full Legal Name): Name: _______________________________________ Company: ____________________________________ Address: _____________________________________ City/State/Zip: ________________________________ Phone: _______________________________________ Email: _______________________________________ Contact Person (Full Legal Name): Name: _______________________________________ Company: ____________________________________ Address: _____________________________________ City/State/Zip: ________________________________ Phone: _______________________________________ Email: _______________________________________ Variance submittals must include and be accompanied by the following:  This Application form accurately completed with original signatures.  Application Filing Fee, payable to the City of Pewaukee: o $400.00 o Note costs for publication, notice and all attorney fees related to the project shall be paid by the applicant and will be invoiced separately  Five (5) complete collated sets of Application materials to include: o A written project narrative detailing the request and site & building improvements. o Scaled drawings, as may be applicable, including, but not limited to; a site plan, building elevations, colored renderings, and natural resource delineations.  Variance Findings Form  All application materials provided in a digital format (Adobe PDF). Materials may be submitted on a USB Flash Drive or emailed to tarczewski@pewaukee.wi.us.  Note twelve (12) additional sets of plans will be requir ed for the Zoning Board of Appeals following staff review of the initial submittal. These plans should be revised in response to staff comments as may be necessary. 3:& /40/91/79/82/74/79/84/77/3/78/75/79/77/78/90/3/88/75/89/90/88/79/73/90/79/85/84/3/85/76/3/29411/29418/13/3/76/85/88/3/71/73/73/75/89/85/88/95/3/89/90/88/91/73/90/91/88/75/89 /76/85/88/3/56/89/19/29412/20/3 /54/85/93/75/82/82/3/88/75/89/79/74/75/84/90/79/71/82/3/86/88/85/86/75/88/90/95 /52/29414/29416/61/29412/29413/29413/29415/29415/3/50/79/84/74/89/71/95/3/56/74/18/3/54/75/93/71/91/81/75/75/18/3/61/47/3/29415/29413/29410/29417/29412 /61/71/82/90/75/88/3/71/84/74/3/51/75/77/71/84/3/54/85/93/75/82/82 /52/29414/29416/61/29412/29413/29413/29415/29415/3/50/79/84/74/89/71/95/3/56/74/54/75/93/71/91/81/75/75/18/3/61/47/3/29415/29413/29410/29417/29412 /29416/29411/29412/19/29415/29415/29418/19/29415/29410/29418/29410/93/71/82/82/95/20/86/85/93/75/82/82/38/77/83/71/79/82/20/73/85/83 /61/71/82/90/75/88/3/71/84/74/3/51/75/77/71/84/3/54/85/93/75/82/82 /52/29414/29416/61/29412/29413/29413/29415/29415/3/50/79/84/74/89/71/95/3/56/74 /54/75/93/71/91/81/75/75/18/3/61/47/3/29415/29413/29410/29417/29412 /29416/29411/29412/19/29415/29415/29418/19/29415/29410/29418/29410 /93/71/82/82/95/20/86/85/93/75/82/82/38/77/83/71/79/82/20/73/85/83 /94 /94 Page 2 of 19 Page 3 of 19 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 VARIANCE FINDINGS FORM It is recommended that this form be completed and submitted as part of all variance requests. Date: ____________________________ Property Owner: ____________________________________________ Property Address: ___________________________________________________________________________________ Section 17.1007 states, “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 stated permitted principle 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. ___________________________________________________________________________________________ ___________________________________________________________________________________________ 6((6833/(0(17$5<0$7(5,$/ 6((6833/(0(17$5<0$7(5,$/ 6((6833/(0(17$5<0$7(5,$/ 6((6833/(0(17$5<0$7(5,$/ /51/71/88/73/78/3/29411/29415/18/3/29412/29410/29412/29416/61/71/82/90/75/88/3/71/84/74/3/51/75/77/71/84/3/54/85/93/75/82/82 /52/29414/29416/61/29412/29413/29413/29415/29415/3/50/79/84/74/89/71/95/3/56/74/18/3/54/75/93/71/91/81/75/75/18/3/61/47/3/29415/29413/29410/29417/29412 Page 4 of 19 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 ___________________________________________________________________________________________ ___________________________________________________________________________________________ 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 varian ce 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 Chapte r 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. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 6((6833/(0(17$5<0$7(5,$/ 6((6833/(0(17$5<0$7(5,$/ 6((6833/(0(17$5<0$7(5,$/6((6833/(0(17$5<0$7(5,$/ Page 5 of 19 APPLICATION FOR VARIANCE REQUEST WALTER AND MEGAN POWELL N46W23355 LINDSAY RD, PEWAUKEE, WI 53072 TAX PARCEL ID PWC 0869997001 RESPONSES A. The requested height variance is consistent with the purpose and intent of the zoning ordinance and the district in which the property is located. The proposed structure is a detached shed/storage barn, which is a permitted accessory use. The increased height is requested solely to allow the structure to function as intended ċĺŘϙŜťĺŘÍČôϙÍIJîϙťĺϙŘôƲôèťϙÍϙťŘÍîĖťĖĺIJÍīϙæÍŘIJ-style appearance that is consistent with the historic agricultural character of the property and surrounding area. The increased height is also consistent with other Barns in near proximity, including on Rs-2 properties. The variance does not introduce a new or non-permitted use and remains in harmony with the intent of the district regulations. B. The property is a former farmstead consisting of approximately three (3) acres and is characterized by surrounding historic barns and agricultural structures. This context is unique when compared to smaller, more typical residential parcels. The size of the property, its historic agricultural use, and the existing character of nearby structures create exceptional circumstances that support a taller barn-style accessory structure. These conditions do not generally apply to other properties in the district, and granting the variance would not suggest that the ordinance should be changed. C. Not applicable. The variance ĖŜϙIJĺťϙŘôŗŪôŜťôîϙċĺŘϙôèĺIJĺıĖèϙĺŘϙƱIJÍIJèĖÍīϙČÍĖIJϠϙIJĺŘϙĖŜϙĖťϙťēôϙŘôŜŪīťϙĺċϙÍϙ self-imposed hardship. D. Granting the requested height variance is necessary to allow the reasonable use and enjoyment of the property in a manner consistent with similarly situated properties in the vicinity. Other nearby properties contain barn-style structures ŘôƲôèťĖŽôϙĺċϙťēô area’s agricultural history. The variance will not impair the property rights of neighboring owners and will allow the property to be used in a manner consistent with its size, character, and surroundings. E. The proposed structure will not create a substantial detriment to adjacent properties or the public interest. Due to the size of the parcel, the structure will be adequately set back and will not obstruct views, impact privacy, or create adverse visual, noĖŜôϠϙĺŘϙîŘÍĖIJÍČôϙôƯôèťŜϟϙ“ēôϙēôĖČēťϙĖIJèŘôÍŜôϙŘôŕŘôŜôIJťŜϙťēôϙıĖIJĖıŪıϙŘôīĖôċϙ Page 6 of 19 necessary to achieve the intended use and appearance, and the structure will remain compatible with neighboring properties and the surrounding area. F. Not applicable. The proposed structure and requested variance are not located within a designated G. Not applicable, as the requested variance ĖŜϙIJĺťϙŘôīÍťôîϙťĺϙƲĺĺîŕīÍĖIJϙŘôČŪīÍťĖĺIJŜϟ Page 7 of 19 Barns exceeding 18’ Height in near proximity Structures shown range from approximately 25’-40’ in height. Rs-2 Properties. N45W23714 LINDSAY RD W239N3990 SWAN RD Page 8 of 19 N45W24434 LINDSAY RD Rs-4 Properties W239N4024 SWAN RD Page 9 of 19 Rs-1 W244N4412 SWAN RD N45W25171 LINDSAY RD Page 10 of 19 W244N4401 SWAN RD Page 11 of 19 PROPOSED LOCATION – Not to Scale Page 12 of 19 ORIGINAL BARN LOCATION Page 13 of 19 Project Narrative – Powell Residential Barn N46W23355 Lindsay Rd, Pewaukee, WI The proposed project consists of the construction of a new detached residential barn on the Powell Residence property. The barn will serve as a mixed-use accessory structure supporting the residential use of the property. Intended functions include general storage, workshop space, and recreational use for the homeowners and their family. The Powell farm property was originally established around 1900, and the design of the ŕŘĺŕĺŜôîϙæÍŘIJϙēÍŜϙæôôIJϙèÍŘôċŪīīƅϙèĺIJŜĖîôŘôîϙťĺϙŘôƲôèťϙťēôϙēĖŜťĺŘĖèϙÍČŘĖèŪīťŪŘÍīϙèēÍŘÍèťôŘϙ of the property and the original farmhouse. Architectural elements, building proportions, ôƄťôŘĖĺŘϙıÍťôŘĖÍīŜϠϙÍIJîϙƱIJĖŜēôŜϙſĖīīϙæôϙŜôīôèťôîϙťĺϙèĺıŕīôıôIJťϙťēôϙÍČôϙÍIJîϙŜťƅīôϙĺċϙťēôϙ farmhouse so that the new structure appears consistent with the historic farmstead setting. The proposed barn will be similar in size, scale, and overall characteristics to other barns commonly found in the surrounding Pewaukee area, maintaining compatibility with the local rural and residential landscape. This approach ensures the building will blend naturally with both the existing structures on the property and the broader neighborhood context. The proposed height of the barn will exceed the current zoning restrictions for accessory buildings. However, the height is consistent with traditional barn proportions and is similar to the height and form of existing barns found throughout the Pewaukee area. The increased height is necessary to maintain appropriate architectural proportions typical of historic barns and to allow functional interior space for storage and workshop activities. The building will function primarily as a private accessory structure and will not be used for commercial purposes or agricultural operations involving livestock. Storage areas will accommodate typical residential equipment, tools, and seasonal items, while the workshop space will support small-scale household projects and maintenance activities. Recreational space within the barn will provide an area for family activities and gatherings consistent with normal residential use. The project has been planned to respect the scale and character of the property and surrounding setting. The barn will be located and designed to complement the existing site layout while maintaining appropriate separation from the primary residence and neighboring properties. Overall, the intent of this project is to enhance the functionality of the property while preserving and reinforcing the historic farmstead character of the Powell Residence and the surrounding Pewaukee area. Page 14 of 19 Page 15 of 19 Page 16 of 19 Page 17 of 19 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 May 7, 2026 Date: April 23, 2026 Project Name: Powell Variance Request Project Address/Tax Key No.: N46W23355 / PWC 0869997001 Applicant: Walter and Megan Catherine Powell Property Owner: WALTER POWELL AND MEGAN CATHERINE POWELL Zoning: Rs-2 Single Family Residential and F-1 Floodplain District 2050 Land Use Map Designation: Low Density Residential ( > 2 Ac. / D.U.) Use of Surrounding Properties: Lindsay Road and Pewaukee Sports Complex 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- 2.9B(1)(e) to allow a detached accessory building with a height of 29’-10”, opposed to the maximum allowed height of 18-feet. The proposed detached accessory building is 30’ x 56’ (1,680 square feet). The property is 2.99 acres and an accessory structure up to 2,400 square feet is permitted. The structure conforms to all other required setbacks and lot coverage standards. According to the applicant, the barn will be used for general storage purposes and workshop space. The applicant has indicated that the height is to allow for such uses and is consistent with the historical use of the properties and other existing agricultural buildings within the surrounding area. 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 18 of 19 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 fact that there are existing nonconforming buildings related to height is not sufficient reasoning to allow for a variance. Moreover, the city’s accessory structure standards do take lot size into consideration related to the size of the building allowed; however, the ordinance does not allow for an increase in height as well. As such, staff recommends denial of the proposed variance request. Consideration should also be given to public comments heard at the public hearing. Page 19 of 19