City's fence rules put the squeeze on neighbors, alderman says

Wauwatosa officials are often put in the position of playing referee between neighbors arguing about fences, said Alderman Jerry Stepaniak, who has proposed an ordinance to help quell such tensions.

He suggests the city prohibit fences from being built within 30 inches of a permanent structure on an adjacent parcel.

The existing city code allows fences to be built at the lot line, which in some cases prevents access to structures for maintenance or repair. In Stepaniak's district on the east side of the city, residents have smaller lots and many garages are built right on the property line.

Maintenance obstructed

In one case a resident wants to build a fence within three inches of a neighbor's garage. How can a resident replace rotting wood or tuck-point brick facades if they can't get near one side of the structure, he asked.

As an alternative, the draft ordinance would allow the property owner to get a permit to erect a fence less than 30 inches from a neighbor's structure if that neighbor is allowed a permanent easement to access their land for maintenance purposes.

The city requires and enforces property maintenance, so it's necessary to ensure the work can be done, Stepaniak said to his fellow Community Development Committee members Tuesday.

A few of the aldermen said they thought 18 inches would be a more appropriate setback because many lots are small and cramped.

Resident Ed Sternberg said his neighbor is looking to put up a fence, and that since it is not built yet, the proposed ordinance could ensure he has ample room for garage maintenance.

But Community Development Director Nancy Welch called the proposal "a bit of an enforcement nightmare."

Already her department gets daily calls from neighbors with concerns or questions about fencing issues. She foresees the number of inquiries multiplying if the ordinance passes. Residents will want survey maps of their own and neighboring properties, and new fence construction will have to be monitored to ensure setbacks are being met, Welch said. Right now, residents don't need a permit to construct fences less than 4 ½ feet tall.

Some oppose measure

Welch also voiced concerns about people having to move a fence to allow building maintenance or to give up a portion of their property to provide an easement. Aldermen Thomas Herzog and Dennis McBride, both attorneys, worried there may be property ownership legalities involved.

McBride suggested holding the item for two weeks to have time to consider Welch's comments and to get feedback from the city attorney. Stepaniak, who is stepping down from the council, will no longer be an alderman when the committee next meets.

Herzog said his mind is already set against the ordinance, and Alderman Eric Meaux said he opposes it because he wants neighbors to talk out their differences rather than rely on the city to legislate solutions.

But the Zoning Appeals Board is sometimes called upon to mediate fencing disputes between neighbors, board member Brian Randall said. In one case a resident boxed in a neighbor's air conditioner with a fence.

"It's frustrating at times that the board has to mediate neighbor issues," Randall said. "Hopefully this (proposed ordinance) would avoid having us provide this parental role in the future."

Next Step

WHAT: Community Development Committee discussion of proposal to adjust fence setbacks on residential properties

WHEN: 8 p.m. April 27

WHERE: City Hall, 7725 W. North Ave.