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Board OKs 8-foot fence at 3910 W. Fond Du Lac after applicant narrows request
Summary
The Milwaukee Board of Zoning Appeals approved an 8-foot high opaque fence for 3910 West Fond Du Lac Avenue after the applicant reduced a requested 10-foot height to address neighbor noise concerns and staff objections.
The Milwaukee Board of Zoning Appeals on Sept. 11 approved a dimensional variance allowing an 8-foot opaque fence at 3910 West Fond Du Lac Avenue after the applicant reduced an original request for a 10-foot fence.
The applicant, Gloria Diggs, told the board the request stemmed from repeated neighbor complaints about noise from an outdoor patio and that acoustic experts recommended a taller barrier to break and absorb sound. "The primary reason was because this particular neighbor was complaining about noise," Diggs said, adding she had removed speakers and tried other measures before seeking a taller fence so she could add acoustic panels.
City Department of City Development staff said a 10-foot solid fence along a street frontage would be unusually tall and recommended no more than an 8-foot opaque fence. The board discussed whether an 8-foot fence could be built as a matter of right and whether permitting should be delayed for further departmental review, and Diggs agreed she could proceed with 8 feet.
After discussion, a motion to grant an 8-foot-high dimensional variance "to run with the land" carried unanimously. The board recorded aye votes from Board Member Wright, Board Member Kushel, Board Member Recker, Board Member Curran, Vice Chair Sunnyski and Chair Lundberg.
The board instructed staff to make clear in the order that approval was limited to an 8-foot-high fence; the applicant was reminded that permits and any required follow-up from the Permit Center must be completed before construction.
The decision does not change city guidance that fences along street frontages are usually subject to stricter limits; DCD indicated an 8-foot opaque fence was the maximum it could support in this location.
