Village denies accessory-building waiver request, asks owner to return with certified survey map

The Village of Waukesha Plan Commission and Village Board on April 10 denied a request for waivers tied to a proposed 6,240-square-foot accessory building at West 225 South (5201 Guthrie Road), and told the petitioner he may reapply after filing a certified survey map (CSM).

Planning staff described the property as a 12.23-acre parcel with multiple existing outbuildings and explained the proposal would divide the homestead lot off and combine the remainder with other land to create roughly 24 acres where the new building would sit. Planner Sean Mularkey told the commission the village’s accessory-building limit is 1.5% of lot area and that the petitioner’s plan exceeded that threshold before any lot reconfiguration. He also said village rules require accessory buildings be no closer to the road than the home and explained applicable setback offsets for buildings taller than 18 feet.

Why it matters: The item drew sustained public and board scrutiny because it touches on how the village applies accessory-building limits, setbacks and lot-split timing. Commissioners repeatedly emphasized the sequence of approvals — that a land division or a detailed CSM should be completed before approving construction waivers — to avoid granting relief based on inaccurate lot lines.

The hearing included neighbors and the petitioner. Neighbor Sandy Helm asked how far construction had progressed and whether the project differed from a separate accessory-building request on the agenda. The petitioner, appearing as Jim Bridal, said he had already put base and gravel down and had engaged a builder; Bridal told the panel, “This is already done. And I have no intentions on doing it into commercial. I'm trying to retire.”

Several commissioners said they were uneasy approving a building permit before a land division and survey were finalized. Commissioner Dan said, “We've never done that before. That's just that's just not appropriate in my mind,” arguing the commission was getting “the cart before the horse.” Others raised concerns about enforcement of deed restrictions and how existing structures (silos and a milk house adjacent to a barn) would be counted when tallying accessory buildings.

Outcome: A motion to deny the waiver request carried at the Plan Commission with the understanding the petitioner may return with a certified survey map. The Village Board voted to accept the commission’s recommendation but added a caveat: the petitioner should submit a CSM within six months if he intends to pursue the proposal.

Next steps: Staff said the earliest realistic resubmittal date for a reviewed CSM would be June 12; commissioners suggested the petitioner could instead withdraw and re-notice a new hearing when the CSM is ready. The board also discussed the option of refunding the initial waiver fee if the applicant withdraws and reapplies.

The hearing record shows the village will not approve the accessory-building waivers without a CSM or rezoning action to change the parcel configuration that would put the accessory square footage into compliance.