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Kenosha zoning board denies county appeal seeking local approval for court-ordered modular housing on detention-center grounds

Kenosha Zoning Board of Appeals · June 10, 2025
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Summary

The Zoning Board on June 10 denied Kenosha County's appeal of staff’s interpretation of the IP district for a proposed modular housing project at 4777 88th Avenue. County counsel said courts ordered placement; city counsel said the proposal looks like residential construction prohibited in the IP zone.

On June 10, 2025, the Kenosha Zoning Board denied an administrative appeal by Kenosha County seeking a city interpretation that would allow modular housing on the grounds of the Kenosha County Detention Center at 4777 88th Avenue.

Joseph Cardone, Kenosha County corporation counsel, told the board three judges had ordered the county to place temporarily housed individuals on the detention-center grounds and argued the modular units are an institutional, accessory use to the detention center. "Three different judges have ordered that we place some sort of option on the grounds of [the detention center]," Cardone said, framing the county’s presentation as an attempt to comply with court orders.

City staff and city legal counsel countered that the proposed modular units constitute residential construction that is not permitted in the IP (Institutional Park) zone under city ordinance. Deputy City Attorney Brian Trevosian told the board the city’s ordinance specifically prohibits single-family and multi-family residential construction in the IP district and that the proposal reads as residential: the project’s plan describes two bedrooms, a bathroom, kitchen and dining areas. "We have an ordinance that specifically prohibits residential construction and what's being proposed is residential construction," the city counsel said.

A separate procedural wrinkle arose when the city’s attorney noted the county’s appeal form lacked a notarized signature from the property owner. The defect was cured on the record when County Executive Samantha Kirkland affirmed the county’s control over the property and authorized the application.

Because the matter raised legal questions about interpretation, the board voted to go into closed session for quasi-judicial deliberation and legal advice. After reconvening in open session, the board moved to deny the county’s administrative appeal and recorded a roll-call vote; the motion passed.

The board’s denial upholds staff’s interpretation that the modular units, as described to the board, run afoul of the IP zoning restrictions. County representatives said the units are intended to satisfy court-ordered supervised placements and that long-term plans could convert the units to training or support facilities after the court-ordered use ends.