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Board grants variance for larger deck at 1110 School Drive citing reconstruction and safety needs
Summary
The board granted a dimensional variance allowing reconstruction of a multi-level deck at 1110 School Drive to exceed the current 10-foot rear-yard projection limit, citing a previously permitted footprint, structural and frost-protection needs, and the parcel’s constraints.
The Waukesha Board of Zoning Appeals voted to grant a dimensional-variance request for a reconstructed deck at 1110 School Drive after hearing city staff and the contractor explain why the design requires greater depth and elevation.
City planning staff told the board the existing deck footprint traces to a 1996 permit and that the updated zoning code treats anything over 12 inches above grade as a deck subject to current setback rules (10-foot maximum projection). Builder Nickel Brockton of Bluejacket Builders said the proposed design keeps roughly the same overall footprint while raising portions of the deck to permit proper airflow and frost protection. "The 12 inches is really difficult for a deck... you're more susceptible to heaves and stuff like that when you get freeze and thaw," Brockton said, arguing that support beams and helical piles are needed under local winter conditions.
Board members discussed whether granting a variance for the reconstruction would unfairly advantage this property versus others, but said the combination of an earlier conditional permit, the parcel configuration, and structural arguments supported approval. The motion to grant the dimensional variance passed.
Why it matters: The ruling allows the homeowner to rebuild a safer, more durable deck that the contractor says will better withstand freeze-thaw cycles and provide adequate airflow and structural protection.
What’s next: The owner and contractor must complete the work under current building-permit and inspection processes; any exterior alterations that require planning commission review must follow the city’s standard permit and review steps.
