Board grants variance for 6-foot fence at 1040 West Cumberland with 12-foot setback

The Waukesha City Board of Zoning Appeals on Aug. 11 approved a dimensional variance permitting a solid 6-foot fence at 1040 West Cumberland Drive, subject to a 12-foot setback from the Cumberland sidewalk.

City staff told the board the requested variance is from section 22.582 L3C of the city zoning code, which treats the yard fronting the street in the property’s official address as the “street yard” and generally allows solid fences only in rear and side yards. Robin, the city planner presenting the item, said the property’s official address is on West Cumberland, even though the house’s front door and driveway face North Hein.

Applicant Kayla Schneider told the board the home’s entry, mailbox and driveway are on Hein and the family has “no door there” on Cumberland. Schneider said the lot’s configuration leaves little usable outdoor space where the family treats it as a backyard, and that a solid fence would provide privacy and safety for dogs and future children.

Board members discussed sightlines, neighborhood appearance and precedent for corner lots. One member raised concerns that a solid 6-foot fence extending toward Cumberland could reduce visibility for neighbors and drivers and would “impinge on the neighbor’s enjoyment of their property,” while others noted the particular layout makes the area function as a backyard rather than a street-facing front yard.

To resolve those concerns, the board added an amendment requiring the fence be set back at least 12 feet from the Cumberland sidewalk. The motion to allow the appeal with that amendment carried; the board recorded aye votes during the motion by Eric Dunst, Kevin Riley, Brian Erickson and Christie DiAngelo and the appeal was granted with the 12-foot setback stipulation.

During the hearing staff and members noted an alternative path for the applicant: changing the official address to Hein could, under the code as written, remove the need for a variance. Robin said an address change would likely require coordination with the city’s GIS team and the U.S. Postal Service. Schneider said she had not pursued an address change because of the practical burden of updating utilities, billing and identification documents.

The board’s approval allows the applicant to install a solid fence in the identified location so long as the fence does not come closer than 12 feet from the Cumberland sidewalk. The decision does not alter the text of the zoning code, which continues to classify the yard fronting the property’s official address as the street yard.