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Board denies variance for driveway at 1108 Lynn Drive; motion to deny carries 3-2
Summary
The Waukesha City Board of Zoning Appeals denied an appeal by the property owner to allow a driveway slab built to the eastern lot line at 1108 Lynn Drive, concluding the variance was not approved after a 3-2 vote. The owner said the pad, installed in April 2022, was needed for boat storage and safety.
The Waukesha City Board of Zoning Appeals voted to deny an appeal that would have allowed a concrete driveway pad at 1108 Lynn Drive to remain without the municipal 5-foot side-yard setback.
City staff told the board the house at 1108 Lynn Drive, built in 1969 and zoned RS-3, has a concrete addition poured in April 2022 that brought paved surface within about 2 feet 7 inches on the north end and 9 inches on the south end of the eastern lot line; the municipal code requires a 5-foot setback for driveways (chapter 22.53, subchapter 13(a)). The staff presentation noted 32 nearby properties with similar paved areas, and said some are legal nonconforming because they predate a 2016 ordinance change.
Property owner Jeff Lawson said the pad was installed by Dustin Concrete Company in 2022, and that he relied on the contractor to follow code. "I asked, did we check the code? Was the code checked?" Lawson said, adding that the slab makes storing and preparing his boat safer because the main driveway slopes and he and his wife have mobility issues that make an inclined surface hazardous.
Board members acknowledged the owners’ hardship arguments and the apparent good-faith reliance on a contractor, but several members said allowing the variance risked creating an unfavorable precedent for other lots. After deliberation and reading the required variance findings, the board voted to deny the appeal; the chair announced the variance "has not been approved." The motion to deny was made by Kevin Riley and seconded; the board recorded a 3-2 vote against the variance.
The board’s decision means the driveway addition must be brought into compliance with setback requirements or otherwise remedied consistent with the municipal code and any follow-up code-enforcement steps. The record shows the case was complaint-driven and that the city has no record that the contractor contacted the city before installing the slab.
The board will post findings of fact and resolution in the meeting record and the appeal file.
