Board Approves Fence Variance for 1040 West Cumberland Drive Despite Neighborhood Concerns

August 11, 2025 | Waukesha City, Waukesha County, Wisconsin


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Board Approves Fence Variance for 1040 West Cumberland Drive Despite Neighborhood Concerns
A heated debate unfolded at the Waukesha Board of Zoning Appeals meeting on August 11, 2025, as members deliberated a proposed fence variance for a property at 1040 West Cumberland Drive. The discussion centered on whether to allow a solid six-foot fence in the front yard, a request that raised concerns about aesthetics and neighborhood impact.

Board members expressed mixed feelings about the proposal. One member highlighted the potential visual obstruction a solid fence could create, arguing that it would detract from the neighborhood's openness and hinder sightlines for drivers. "I normally don't like to see a six-foot fence beyond somebody else's front door on the street," they stated, emphasizing the intent of zoning codes to maintain visibility and accessibility in residential areas.

Conversely, supporters of the variance pointed out that the property owner deserves the right to enjoy their property fully. They noted that the proposed fence would not extend to the sidewalk, allowing for a 12-foot setback that could mitigate some concerns. "This is their side yard... it’s really not used as their front," one member argued, suggesting that the fence would not significantly impact the neighborhood's character.

After extensive discussion, the board moved toward a vote on the variance, with members affirming that the request was not solely based on economic gain and that it would not substantially detract from adjacent properties. The final decision will hinge on whether the variance aligns with the zoning code's intent and public interest.

As the board prepares to finalize their ruling, the outcome could set a precedent for future fence requests in Waukesha, balancing property rights with community aesthetics.

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