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Waukesha zoning board grants variance to allow home with covered porch on Woodfield Circle lot
Summary
The Waukesha Board of Zoning Appeals on March 10 granted Joseph D. Robison a dimensional variance that reduces the required 45-foot rear-yard setback to 42 feet 8 inches so he can build a one-story single-family house with a covered porch on an irregular, steep lot at the west end of Woodfield Circle.
The Waukesha Board of Zoning Appeals on March 10 granted Joseph D. Robison a dimensional variance to allow construction of a single-family dwelling at Parcel WAKC 1311092 on the west end of Woodfield Circle, reducing the required rear-yard setback from 45 feet to 42 feet 8 inches.
The variance was requested because the parcel is a trapezoid-shaped, steeply sloped lot that the applicant and city staff said limits usable rear-yard space. The board found that the lot's shape and topography create exceptional circumstances and unanimously approved the appeal.
City staff presented the case to the board and showed two proposed layouts for the house. Staff said the property owner purchased the lot in December 2024 and proposed building a one-story home with an exposed walk-out basement and an elevated, roofed porch that the city's zoning definition does not classify as a deck. Under the zoning code a “deck” is unroofed; because the porch shares the home's roofline it falls under the rear-yard setback requirement. Staff said the preferred layout (option 1) would project approximately 3 feet 8 inches into the required rear-yard setback, while a rotated option 2 would reduce the projection to about 2.5 inches.
Joseph D. Robison, the property owner and applicant, told the board the covered porch would serve as the family’s usable rear yard because of the steep grade and limited flat area. “That covered porch ... is really our backyard,” Robison said, adding that he sought a modest house plan of about 1,861 square feet after being told by his realtor that the minimum lot requirement was 1,800 square feet; staff noted the zoning district's minimum is actually 1,300 square feet.
Robison said he talked with adjacent property owners before the meeting; staff reported three neighbor letters supporting the project. One nearby resident, Dean Lobkey, said he had no objection but asked whether erosion or drainage could be a problem on the slope. Staff said erosion-control measures are required for new construction and would be enforced during building.
Board member Kevin Riley said he was “strongly in favor of granting this appeal,” citing the lot's wedge shape and the minor degree of encroachment tied to the porch's roofed design. Another board member said the encroachment was minor and that granting the variance met the spirit of the zoning code. The board subsequently moved, seconded and voted unanimously to approve the dimensional variance.
Under the board's motion the rear-yard setback for Parcel WAKC 1311092 is set at 42 feet 8 inches; the record states the property otherwise must meet the RS2 zoning district standards in section 22.25 of the city code. The board's decision notes the variance is granted based on the lot's unusual shape and topography and that the variance is not requested solely for economic gain.
The applicant may proceed with building permits and must comply with applicable erosion-control and site-development requirements during construction.
