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Appeals board denies use-variance request to convert 131 Wisconsin Ave to duplex; property remains subject to raze/repair timeline
Summary
The Board of Zoning Appeals denied Tyler Hall’s request for a use variance to convert 131 Wisconsin Ave (B2 district) into a two-family dwelling, finding the application did not meet the high standard for a use variance; the property remains under a raze/repair order and must meet reoccupation or permit deadlines.
The Waukesha Board of Zoning Appeals on Aug. 12 denied a use-variance request from Tyler Hall to convert 131 Wisconsin Avenue — a property in the B2 Central Business zoning district — into a two-family dwelling.
City staff told the board the building has been gutted, is under a raze/repair order issued April 8, and that a use variance requires proving there is no reasonable use of the property without the variance. Staff recommended denial, noting the downtown area has examples of small commercial properties and that alternatives exist, including demolition and reconstruction under B2 standards or seeking parking exemptions through the planning commission.
Owner Tyler Hall said he bought the property earlier in the year and argued the building is unusually large for single-family use and that parking constraints make commercial use impractical. He said reoccupying the property as single-family by the code’s November deadline would be difficult. The board raised concerns about the building’s current condition and the feasibility of meeting code deadlines. A board member summed up: the property is an eyesore and a hazard and changing the zoning for a single parcel would not address those conditions; the panel ultimately voted to deny.
Why it matters: Denial preserves the B2 district’s use restrictions and leaves the owner to pursue repairs, demolition, or standard permit pathways; the raze/repair process and occupancy deadlines remain in effect.
What’s next: The owner may pursue building permits to pause the raze/repair timeline or pursue other legal remedies, but the board did not grant the requested use variance.
