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Board allows 6-foot driveway gate at 3926 North Lake Drive, citing safety and precedent
Summary
After debate and reference to prior decisions, the Board of Appeals granted a variance allowing a 6-foot ornamental driveway gate at 3926 North Lake Drive, citing intensified trespassing and traffic incidents and board precedent for similar properties.
The Village of Shorewood Board of Appeals voted to grant a variance allowing a 6-foot ornamental driveway gate in the front-yard setback at 3926 North Lake Drive, reversing an earlier denial and citing changed circumstances and precedent from similar properties.
Counsel for property owners Eric and Ashley Higgins argued the request was warranted by intensified trespassing and traffic-safety issues on Lake Drive, plus recent bluff stabilization work that altered the rear access to the property. The applicants presented photos, Department of Transportation crash maps and daily traffic counts to show an increase in incidents along the corridor since 2020.
Attorney Debbie Tomczyk, representing the owners, summarized the application and said the gate’s central, ornamental section "does extend up to 6 feet. But that's the only thing at issue." Tomczyk pointed to prior board approvals on nearby Lake Drive properties as precedent and said neighbors to the north and south had submitted letters of support.
Owner Eric Higgins testified the bluff restoration completed last summer made traversing from Lake Drive to Lake Michigan more treacherous and described a recent incident in which a speeding vehicle struck the family dog, requiring surgery. Higgins said trespassers recently required a police visit to remove people from the property.
Board members debated whether the safety claims were unique to this parcel or reflective of broader neighborhood conditions along Lake Drive. Some members cited precedent where higher fences or gates were allowed at other Lake Drive properties after police-incident testimony; others cautioned that granting multiple similar variances could effectively rewrite the ordinance for the corridor.
The motion to grant the variance passed after board discussion. Votes recorded in the meeting transcript show a majority in favor; the board instructed the clerk to issue written confirmation. The village’s permitting rules limit front-yard fences to 4 feet unless a variance is granted under village code 2-25-8(b)(2).
