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Board grants fence variance for Waukesha homeowner with 12-foot setback
Summary
The Waukesha City Board of Zoning Appeals on Aug. 11 approved a variance allowing a solid 6-foot fence at 1040 West Cumberland Drive, but conditioned the approval on a minimum 12-foot setback from the Cumberland sidewalk.
The Waukesha City Board of Zoning Appeals voted Aug. 11 to grant Kayla Schneider’s appeal to build a solid 6-foot fence at 1040 West Cumberland Drive, adding a stipulation that the fence must be set back at least 12 feet from the Cumberland sidewalk.
City planner Robin reviewed site photos and the relevant zoning standard, chapter 22.582 L3C, explaining that on corner lots the yard that fronts the street shown in the property’s address is treated as the street yard and that solid fences are ordinarily allowed only in rear and side yards. Robin told the board the proposed fence location would not create a vision-corner hazard.
Applicant Kayla Schneider told the board, “My name is Kayla Schneider and I’m representing the 1040 West Cumberland. … We don’t even have a point access on Cumberland. We don’t even have a door there.” She said the house’s front door, mailbox and driveway face Hein Street, leaving very little usable backyard on the side that faces Cumberland.
Chair Kevin Riley said he understood the applicant’s hardship but warned of the zoning code’s intent to preserve sight lines and neighborhood openness. “I’m not sure I can vote for a 6 foot wall, especially if it’s solid,” Riley said, citing concerns about sight lines for neighbors and people walking or driving on Cumberland.
Board member Christy D’Angelo moved to approve the appeal with an amendment that “such fence cannot be closer than 12 feet from the sidewalk on Cumberland Drive.” The motion was seconded and, after deliberation about the lot’s unusual corner configuration and alternatives (shorter or partially see-through fences, landscaping, or an address change), the board approved the variance by a 3–1 vote. One member expressed continued concern about a solid wall beyond neighbors’ front doors but the majority concluded the hardship and proposed 12-foot setback merited approval.
The board’s action allows Schneider to install the solid privacy fence at the approved location provided the 12-foot setback from the Cumberland sidewalk is met. The board’s decision applied the legal criteria read aloud by staff under section 22.582 L3C and recorded its votes on those criteria before taking final action.
