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Waukesha appeals board denies shed setback variance but approves a narrow parking pad at 412 E. Saint Paul Ave
Summary
The Board of Zoning Appeals denied a request to keep two noncompliant sheds at 412 East Saint Paul Ave unless they meet 5-foot setbacks from the primary structure and lot line, but approved a 9-by-18-foot improved parking pad in the side yard with less than 1 foot of setback from the alley, with stipulations.
The Waukesha City Board of Zoning Appeals on Aug. 12 denied a dimensional-variance request that would have allowed two accessory sheds at 412 East Saint Paul Avenue to remain where they do not meet the code’s 5-foot setback from the primary structure and the lot line.
City staff had earlier described the corner RM3 parcel and told the board one shed sits too close to the house and the other violates the lot-line setback. "One is not meeting that primary structure setback. The other has to do more with the property line," a city staff member said during the presentation. The owner, Greg Mashak, told the board the tenant—who runs a landscaping and construction business—needs space to store equipment and a trailer and that moving the sheds would interfere with parking.
The board split the appeal into two separate votes: sheds and a separate side-yard parking-pad request. After reading findings of fact tied to the zoning code, the board concluded the shed variance failed the required criteria and voted to deny the shed variance. The board’s ruling allows the sheds to remain only if they are relocated or otherwise altered to meet the code’s 5-foot setback from both the primary structure and the property line.
By contrast, the board approved the applicant’s request to construct a parking pad in the side yard adjacent to Robert Street (an alley in name and function). Several board members said the alley character, the lot’s unusual shape, and lack of harm to adjacent properties supported the narrower setback. "I'm inclined to grant this because of the unusual nature of the lot," a committee member said. The board required the pad be an improved surface and discussed limiting it to a 9-by-18-foot footprint aligned with the driveway.
Why it matters: The split decision preserves the city’s setback protections for safety and fire separation while allowing property owners limited flexibility to convert underused, alley-facing gravel into a formal parking pad when the lot geometry makes standard setbacks impractical.
What’s next: The owner must bring the sheds into compliance with the 5-foot setback requirement or remove/relocate them. The approved parking pad must be an improved surface and is expected to be built to the dimensions discussed by the board.
