Waukesha board approves variances for addition at 1028 North Hartwell Avenue

The Waukesha City Board of Zoning Appeals voted to grant dimensional variances that allow an addition to a car dealership and repair facility at 1028 North Hartwell Avenue, overruling standard setback requirements because members found the lot narrowness presented exceptional circumstances.

City staff had told the board the corner parcel at East Main Street and North Hartwell Avenue is zoned B-3 General Business but is unusually shallow: about 148 feet wide and only 50 feet deep. Jonathan, a city planner, said the proposal would result in a street-yard setback of about 19.7 feet and a rear-yard setback of about 3.8 feet, where the zoning code requires 25 feet for each. He also explained the side-yard buffer requirement (10-foot standard plus a 20-foot buffer where a business abuts a residence) would normally amount to 30 feet, which the proposed addition cannot meet on this lot.

The applicant, Dave Jensen, said he has operated on Hartwell for about 15 years and needs mechanical stalls to maintain inventory and keep the business viable. "ItIt will allow me to be able to sell cars, with mechanical stalls down there," Jensen said, adding that relocating the stalls or building on the opposite side of the lot would be more costly and impractical for the operation.

Some board members pressed for alternatives. Board member Christine D'Angelo asked whether the owner could reconfigure the building to the north to avoid multiple variances and whether that would be a less permissive course. "Is there no other way for them to use this property without this variance?" D'Angelo asked. Jonathan and other board members responded that because the total lot depth is only about 50 feet the property could not meet both street and rear setbacks simultaneously, and moving the addition north would likely create other conflicts.

Kevin Riley, another board member, said he had a personal affection for the property and emphasized the parcel's unusual position next to a busy railroad and downtown area. He said keeping a small local dealer in that location could benefit downtown activity but noted concerns about effects on adjacent residential property. The record shows the property immediately abuts a residence at 1020 North Hartwell Avenue; the applicant has proposed a six-foot privacy fence along that lot line as mitigation.

After hearing testimony, the board voted on the required findings of fact. The record shows the board found that exceptional circumstances exist because of the lot's narrow depth; Finding 1 passed 5–0. Findings 2 and 3 (relating to preservation of property rights and that the request is not solely for economic gain) passed on a 4–1 vote. Finding 4 (no substantial detriment to adjacent property) passed 5–0. Board member Kevin Riley moved to approve the variances; another member seconded, and the motion to approve the dimensional variances carried. The board's action allows construction of the proposed addition with the reduced street-yard, rear-yard and side-yard/buffer dimensions as presented to the board.

The city staff presentation, applicant testimony and the board deliberations indicated the board weighed the lot's physical constraints against potential impacts on a neighboring rental residence. The applicant said he has attempted to work with adjacent property owners about potential shared parking but has not secured a definitive agreement.

The board adjourned after the vote. No further appeals or follow-up dates were announced at the meeting.