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Kenosha zoning board defers decision on variance for breezeway that joins garage to house

3327665 · May 13, 2025
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Summary

The Kenosha Zoning Board deferred a decision to June 10 on a variance request by Michael Ash to allow a breezeway that attaches a garage to his house at 6832 Pershing Boulevard. Staff recommended denial, citing ordinance findings not met and concerns that approval would allow the garage to be treated as a principal structure.

The Kenosha Zoning Board on Thursday deferred a decision on a variance request from Michael Ash for an attached breezeway at 6832 Pershing Boulevard, voting to take up the matter at the board's next regularly scheduled meeting on June 10.

Board staff recommended denying Ash's request, telling the board the application “does not meet any of the findings of section 9.05(b) of the zoning ordinance.” Staff warned that if the breezeway is declared part of the principal structure, the existing detached garage could be treated as a principal structure and later converted or built up in ways not allowed for accessory buildings.

The breezeway connects an accessory garage to the house, and staff said that attaching it in that way creates a setback encroachment: “If the variance is approved this evening, this suddenly is now part of the attached principal structure of the site,” staff said, adding that an attached garage could be converted in the future to a living unit or built taller than an accessory structure would be allowed to be. Staff also noted electrical work and other construction initially completed without permits; inspection staff later issued orders to repair. According to the record, city inspections visited the property on March 9, 2021, and orders to repair were issued in April 2025 (one dated April 9 and another dated April 30, 2025).

Michael Ash, who identified himself as the owner of 6832 Pershing Boulevard, told the board the breezeway was intended to make access easier for his father, whom he said is a 100% service‑connected disabled veteran. Ash said he provided documentation to staff and described the breezeway as a modest, carefully built structure to aid his father’s mobility in inclement weather. Supporters who spoke at the public hearing said Ash is a longtime neighborhood resident and that the structure was built with caregiving in mind. Eric Palmer said the addition was intended to help “get him out of the vehicle” and into the house; neighbor Erica Buskirk said, “Mike is, like, of the character of if you need him, he’s there.” Zachary McKenzie added that Ash is “an honest person” and “the type of guy that would give you the shirt off your back.”

Board members and staff discussed alternatives and limits to what the board may lawfully condition. Staff said the board’s variance criteria require a showing of uniqueness and that “negligence of the ordinance is not a cause for variance.” Board members asked whether the board could approve a conditional variance that barred future conversion to living space; staff responded that variances run with the property and the board could not, in staff’s view, limit future owners’ entitlement to use a principal structure as allowed by ordinance.

After questions from board members and public commenters, Commissioner Brandon Gray moved to defer the item to the next regularly scheduled meeting so staff could consult the city attorney; the motion was seconded. The board took a roll-call vote: Mitch Ferraro, aye; Shane Holbrook, aye; Andrew Schmidt, aye; Brandon Gray, nay. The motion to defer passed by a 3–1 vote. Staff said it will discuss the legal questions with the city attorney and provide a report at the June 10 meeting.

If the board ultimately denies the variance, staff said the owner would be required to remove the breezeway and return the buildings to separate accessory and principal structures; if the variance were approved, the structure would be considered attached and subject to the regulations that apply to principal structures. The board also encouraged Ash to gather written statements from neighbors; several speakers said they would provide such letters.

The item remains pending and will return to the Zoning Board of Appeals on June 10 for further discussion and a possible final vote.