Board of Zoning Appeals Meeting - July 13, 2026: Conway Variance Granted
Board of Zoning Appeals Meeting - July 13, 2026
The Board of Zoning Appeals of Waukesha, Wisconsin, met on July 13, 2026, at 4:00 PM to consider a single appeal. The board approved a dimensional variance for Heather and Patrick Conway to extend their driveway and build a new garage at 851 Oakland Avenue.
Consent Calendar
- The minutes of the June 8, 2026 meeting were approved unanimously by voice vote.
Discussion Items
- Appeal of Heather and Patrick Conway (ID#26-03962): The applicants sought a dimensional variance from Section 22.53(13)(a) and Section 22.58(2)(a)(1) to extend their existing driveway 30–35 feet along the side lot line (requesting a 1-foot setback instead of the required 3.5 feet for lots narrower than 65 feet) and to build a 14x24-foot garage with a 1-foot foundation setback instead of the required 5 feet. The lot at 851 Oakland Avenue is approximately 50 feet wide.
- City Staff Presentation: Megan, a city staff member, presented the case, noting the lot is substandard width and that neighboring properties also have narrow driveways. She expressed concerns about the turn radius for the extended driveway and potential disturbance to mature tree root systems in the yard.
- Applicant Testimony: Patrick and Heather Conway explained that the requested design minimizes impact by keeping the extension along the existing zero-setback driveway. They cited the need to avoid disturbing a recently removed chestnut tree's roots, cost savings, and the impracticality of moving the driveway north. They noted that many neighboring garages and driveways are non‑compliant with current code. The applicants stated they had gone door-to-door and received positive feedback from neighbors.
- Board Deliberation: Board members observed that the lot is substandard and the neighborhood is old (house approximately 100 years old), with many existing non‑conforming structures. They agreed that the requested variance is consistent with the character of the area, necessary for the applicants to enoy their property, and would not cause detriment to adjacent properties.
Key Outcomes
- Decision: The board voted unanimously (3-0) to approve the appeal and grant the dimensional variance for both the driveway extension and the new garage, subject to the findings of fact.
- Findings of Fact: The board affirmed all four required findings:
- Exceptional or extraordinary circumstances apply to the property (substandard lot width compared to code assumptions).
- The variance is necessary for preservation of substantial property rights enjoyed by other properties in the district.
- The variance is not solely based on economic loss/gain, and no self‑imposed hardship is claimed.
- Granting the variance will not be substantially detrimental to adjacent property or materially impair the purpose of the zoning code or public interest.
- Next Steps: The applicants were informed they may proceed with construction as approved.
Meeting Transcript
All right, so we'll go ahead and get started. This is the meeting of the Board of Zoning Appeals for Monday, July 13, 2026. I will do a roll call. I'll start at my right. Here, Tim Nickic. Christy D'Angelo. Timothy Redick. This is then a time for public comment if there's anyone here that is not part of this appeal that wanted to say something on the record. I do not see anyone. So to make sure. Next is the approval of the minute the minutes from our last meeting, which was on June 8th, 2026. Make a motion to approve the minutes. Second. All those in favor. Aye. Anyone opposed? Right. Then on to new business. Just to let you know kind of the process. I will call your case. You'll the city will start, they will give the presentation to us to kind of tell us the background of the case, information that they have to share. So do you mind if I call you Megan? Okay, okay. So Megan will go ahead and share all of that with us. The board will have a chance to ask Megan any questions that she might have. Then you will be welcome to come forward, present to us any information you have that you want us to hear that wasn't presented by the city, or that's you know different from or changed from what the city may have said. We will again have an opportunity to ask you any questions. You can ask the city questions, the city can ask you questions. We're really just gathering information about the appeal and the appeal process. Once that is done, if there's anyone else that would show up that would want to speak on this appeal, we would let them do that. I don't see anyone else in the room right now, but it's possible that before that somebody else might show up. When everyone is done saying what they need to say to us as the board, we will close that portion of the uh discussion, and then as the board, we will deliberate here on the record for you. You'll hear our deliberations. There are some specific findings that we need to go through and that we need to discuss when we determine whether or not to grant your appeal. And then you will hear our decision today before you leave. So with that. Um this is new business, ID number 26-03962, the appeal of Heather and Patrick Conway for a dimensional variance from section 22.53 sub 13A and section 22.58 section or sub 2A1 of the zoning code. If granted, the variants will allow for the extension of the driveway at 851 Oakland Avenue, located within one foot of the lot line. When lots narrower than 65 feet, the driveway setback shall be no less than 7% of the lot width. If granted, the variants will allow construction of a new garage at 851 Oakland Avenue, located one foot from the lot line where accessory buildings shall be located so that the foundation is not closer than five feet to a lot line. Thank you. Okay, so this is the property in question, um, 851 Oakland Avenue, located just east of downtown off of Arcadian Avenue. Um this lot is a substandard um width, approximately 50 feet. And you may also see that many of the neighboring properties are similarly narrow on this block. Um the applicant would like to extend their existing driveway another 30 to 35 feet, beginning along their side lot line along their existing driveway, um, gradually angling north for a setback of approximately one foot from the side lot line at its new endpoint. Um code requires a 3.5-foot setback for the size of their lot. They would then like to construct a new garage at the end of their extended driveway. That's foundation would have a setback of one foot from the side lot line. Code requires a five-foot setback from the side lot line. Um, the applicant provided the survey with the approximate locations of the driveway and the garage shaded in.
openpublica.com