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Board says changed code and house footprint justify variance after storm-damaged fence

Shorewood Board of Appeals · July 29, 2026
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Summary

Board members noted that the prior fence likely predated current code and that the house’s irregular north-side "bump-outs" created unique circumstances, leading to a 3-0 grant of variance to allow a 6-foot fence.

Board members spent deliberations weighing whether the property’s physical configuration and the timing of the code change created sufficient grounds for a variance. One board member observed the "big change" was a subsequent code update, while another said the property's unusual north-side outline—with small projections that reduce the distance to the lot line—made the circumstances exceptional. The board concluded there was no proof of detriment to neighbors and that these factors met the variance standard.

Village staff told the board their records were not detailed enough to show whether the prior 6-foot fence had previously been permitted; staff noted street view imagery indicated a 6-foot fence had been present at one time. The board moved and seconded a motion to grant the variance, and the clerk recorded a 3-0 vote in favor. The village will issue administrative follow-up to the homeowners about permitting and next steps.