Board approves rear-setback variance but denies side-setback request at 4144 North Morris Boulevard

The Village of Shorewood Board of Appeals granted a limited variance to allow a new detached two-car garage to encroach 1 foot into the rear yard setback at 4144 North Morris Boulevard, finding exceptional circumstances, but voted to deny a separate request to encroach into the side-yard setback after hearing neighbor objections.

Inspector Justin Burris told the board the property owner is seeking a detached garage that would reduce the required 3-foot rear and side setbacks by 1 foot, making both 2-foot setbacks for the new structure. Burris said the lot, building permit application and plans were reviewed and that the requested encroachments were the only nonconforming elements in an otherwise compliant packet.

Owner Griffith Watson testified the existing single-car garage and a failing railroad-tie retaining wall behind the house prompted the design. "We're proposing to replace that retaining wall with the garage," Watson said. He explained the garage foundation would be built of concrete block to act as a retaining wall, improve drainage with drain tile, and allow two cars to be parked inside; the owner said the existing garage currently accommodates only one car.

Neighbor James Maloney, whose property abuts the south side where the requested side setback encroachment would occur, objected to the side-yard portion of the request. Maloney said shifting the garage closer by one foot, plus eaves and gutter overhang, would leave “a foot or less” between garage and his fence, impede fence maintenance and increase runoff into his yard during heavy rain events. He said he had not been able to discuss compromises with the owner prior to the hearing.

Board members debated options including a partial variance and conditions addressing gutters and downspouts. The board ultimately voted to grant the rear-yard variance (unanimous) and to deny the side-yard variance (unanimous nay votes recorded). The motion language and votes are recorded in the meeting minutes; the owner said he would coordinate with the neighbor on gutters and drain-tile installations.

The board noted that, if a garage were permitted at compliant setbacks, the owner would likely need to retain a separate retaining wall; the approved rear-yard variance allows the owner to use the new garage foundation to stabilize the grade behind the property.