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Board denies variance for 1,200-square-foot accessory structure at 13725 West Marquette
Summary
The New Berlin Board of Appeals voted 5–0 to deny a requested variance that would have allowed a 1,200-square-foot detached accessory structure on a 0.98-acre lot; members cited neighborhood compatibility and lack of demonstrated hardship and noted three letters of opposition among 72 notices sent.
The New Berlin Board of Appeals unanimously denied a request to build a 1,200-square-foot detached accessory structure at 13725 West Marquette Drive.
Petitioner Charlie Kennedy sought a size variance to exceed the city limit of 840 square feet for properties under two acres, a request that would have required a 360-square-foot variance. Kennedy testified the lot’s split-level layout and existing garage configuration prevent attaching a larger garage to the house, and that the detached building was intended solely for personal vehicle storage and occasional vehicle maintenance.
Kennedy said he had spoken informally with nearby neighbors who offered support. His wife, April Kennedy, told the board the family keeps about five vehicles and one motorcycle and prefers to store vehicles inside to improve neighborhood appearance.
The city clerk read three letters of opposition from long-term neighborhood residents. Concerns cited in the letters included the proposed structure’s large size relative to lots in the subdivision, potential for increased truck traffic near a bus stop used by young children, and the possibility that future owners could use the building for storage of business vehicles even if the current owner said he would not run a business there.
Kennedy rebutted those concerns, saying additional enclosed storage would not increase the number of vehicle trips and that he is not running a commercial operation: “I am not running a business out of that,” he told the board.
Board members debated whether the petitioner had shown a hardship that would justify a variance of the requested size. Several members said an 840-square-foot accessory structure would be sufficient and suggested alternative solutions such as tool sheds or a smaller detached structure. A motion to deny the variance was made and seconded; roll-call votes were unanimous to deny the request 5–0.
The denial leaves the property limited to the code maximum of 840 square feet for detached accessory structures on lots under two acres.
