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Wauwatosa Board of Appeals grants 5‑foot side‑yard fence variance after permit confusion
Summary
The Wauwatosa Board of Appeals unanimously approved a variance allowing a 5‑foot fence in a side yard after the applicant said a later-issued permit and contractor guidance led them to believe a taller fence was allowed; the board cited misleading permit language and owner hardship in its decision.
The Wauwatosa Board of Appeals voted 3–0 to grant a variance allowing a 5‑foot fence along the side yard of a corner lot owned by Greg Frederick after the owner and his contractor said city permit language led them to believe a taller fence was permissible.
Board chair Jim Curran moved to approve the request, saying email exchanges and a permit issued April 25 included language suggesting the fence could be ‘‘up to 6 feet,’’ which misled the builder and owners. Curran argued the later permit language, by recency, undermined strict enforcement and that forcing…
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