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Board approves after-the-fact variance for gazebo at 15000 West Fenway Drive
Summary
The New Berlin Board of Appeals voted 4–1 to allow a 240-square-foot gazebo to remain 13.5 feet from the rear property line at 15000 West Fenway Drive, granting the petitioner an after-the-fact setback variance; the applicant must still obtain permits and follow up with staff.
The New Berlin Board of Appeals voted 4–1 to grant a rear-yard setback variance that will allow a 240-square-foot gazebo to remain at 15000 West Fenway Drive.
The board approved the variance after hearing from applicant Micheline Frey, who said the gazebo was erected after a backyard pool project and that she did not know a separate permit was required. “I did not know that we needed to have a permit for a gazebo,” Frey told the board, explaining the structure sits inside the pool fence to keep young children in a confined area.
The property is zoned R5 medium-density single-family residential and requires a 35-foot rear-yard setback. Frey said the gazebo sits about 13.5 feet from the rear property line, creating a variance need of roughly 21.5 feet. She told the board she collected letters from adjacent neighbors indicating no objection to the structure.
Board members questioned Frey about timing and construction details; Frey said the concrete pad was poured for the pool, the pool was installed in June and the gazebo was assembled from a kit in July and anchored to the slab. Staff confirmed the gazebo is a freestanding hard-top structure within the pool fencing.
During deliberations board members cited the neighboring approvals and the difficulty of locating an alternate site that would complement the pool. Board Member Oldham made the motion to approve; Jim Clappa seconded. In the roll-call vote Clappa, Langer, Oldham and Goetter voted to approve and Board Member Schulpius voted no.
The board noted the approval is an after-the-fact variance and reminded Frey she must still obtain the required building permit and comply with any follow-up from staff. A staff member will contact the applicant to complete permitting and inspection steps.
