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Request by Michael Davis, Insite Landscape Design, for front and side street setback variances for a Veterans Memorial Plaza located at the corner of Milwaukee Avenue and Harwood Avenue.
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Submitted by:
Art Pinon
Department:
Development
A. Issue
The applicant is requesting two (2) variances related to the required front and side yard setbacks for two (2) pergolas as part of a proposed Veterans Memorial Plaza located at the western corner of Milwaukee Avenue and Harwood Avenue in the Neighborhood Residential (NR) Zone. The subject property is a triangular lot with frontage along both Milwaukee Avenue and Harwood Avenue and is primarily surrounded by residential development.
The requested variances are necessary to accommodate two semi-circular pergolas that are a part of proposed Veterans Memorial Plaza. All other elements of the memorial, including the flagpoles, landscaping, hardscape, and associated site improvements, comply with the applicable requirements of the Wauwatosa Municipal Code. Setback requirements for structures within the NR Zone are established under WMC 24.02.030. A summary of the requested variances is provided below:
Variance 1 - Front Yard Setback (Pergolas extending beyond setback along Harwood Avenue):
Required: 25 feet
Proposed: 0 feet (at overhang)
Variance 2 - Side Yard Setback (Pergolas extending beyond setback along Milwaukee Avenue):
Required: 15 feet
Proposed: 0 feet (at overhang)
No portion of the structures are proposed to extend into the City right of way (ROW).
The project was first presented to the City's Design Review Board (DRB) on April 16, 2026, at which time the Board directed modifications to the proposed site layout. The revised plans incorporating the DRB's recommendations were subsequently presented to the Board of Zoning Appeals (BOZA) on April 23, 2026, for informational purposes and preliminary feedback. Following these revisions, the Design Review Board granted approval of the project on May 7, 2026.
The proposal returned to the Board of Zoning Appeals on May 28, 2026, for consideration of the requested variances. At that meeting, the Board did not take action on the requests. Instead, BOZA directed the applicant to conduct outreach to neighboring property owners, solicit feedback regarding the proposed development, and return with a summary of the neighborhood input for further consideration.
The applicant subsequently completed the requested neighborhood outreach. Attached to this report are emails and letters expressing support for the proposal, letters of opposition, a map identifying the locations of supporting property owners, the applicant's justification letter addressing the four (4) variance criteria, and the project plans submitted for review.
B. Recommendation
The standard four criteria should be applied to make the determination for the requested variances:
1. Exceptional circumstances do exist pertaining to this lot.
2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity.
3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interests.
4. That the difficulty or hardship was not created by the property owner.