Waukesha board denies variance request for duplex at 236 Southwest Avenue

The Waukesha City Board of Zoning Appeals voted to deny an appeal by Lynette Jordan seeking a dimensional variance to build a duplex at 236 Southwest Avenue.

City staff described the lot as RM-1 zoned, roughly 13,130 square feet but narrowing from about 64 feet at the street to 48 feet in the rear. Charlie, the city representative, said the proposal would meet street and rear setbacks but would encroach on the side-yard requirement by about a quarter-foot on each side (9.75 feet proposed versus the 10-foot requirement for duplexes). "They're proposing setbacks of 9.75 feet rather than 10 feet on both of the side yards," Charlie told the board.

Appellant Lynette Jordan, who identified herself as the general partner of the LLC that owns the lot, said the variance was needed so the rear corner of the duplex could be built without shrinking bedrooms or removing single-car garages. "If we make the duplex any thinner…those back bedrooms would be very, very thin. They'd only be 8 feet wide," Jordan said, arguing redesigns would be economically infeasible for the intended income property.

Neighbors opposed the variance. Kevin Willigail, who said he lives at 230 Southwest Avenue, objected in part because a tree that split in 2022 had been removed without his knowledge and he said he was concerned about future construction "being anywhere near my property." Ben Smale, at 242 Southwest Avenue, submitted photos and said the proposed two single-car driveways would worsen already-tight parking near Hartle Field and that a longer, narrower design or a top-and-bottom duplex might better fit the lot.

Board members deliberated over the four legal findings required for a variance: exceptional circumstances, preservation of substantial property rights of others, whether the request is made solely for economic gain, and whether the variance would substantially detract from adjacent properties or the intent of the zoning code. Several members said they supported duplex development to increase density, but many also said the applicants had other design options and that the hardship appeared in part economic rather than uniquely tied to the lot.

Charlie read the findings on the record. Votes on the individual findings were mixed, and Kevin Riley moved to deny the appeal. After a roll-call vote, the board voted to deny the variance; the chair announced that the applicants must conform to the zoning code.

The board closed the item and took a motion to adjourn.