The following is a guest blog by Kelley Ruzicka:
Wauwatosa needs to enforce their Municipal Code otherwise it is setting a precedence that residents of Tosa should just build whatever they want, because no one enforces it.
We allowed our neighbor to put their gate on our property since they had it already built and identified after the gate was constructed it was too large for their lot. We didn’t want to be jerks about it, so we allowed them to put it on our property with an easement. After the easement was filed, they decided to tell us that they now could do whatever they wanted to with our land, and took out all off our plants etc., and took our land over. They told us that since we signed this easement, we in essence signed away our land, and they were entitled to do whatever they wanted- which is not legally accurate. Luckily, we have identified that their gate was built higher than what the Wauwatosa municipal code states, so we are hoping to have this easement dissolved since it does not meet the Wauwatosa Municipal code guidelines.
Even though the city has already denied their appeal, they are now being allowed to apply for a variance and are conveniently stating that they “misunderstood” the 4.5′ height restriction. Their current installed gate is well over 5’8. If the City of Wauwatosa approves this variance and allows them to keep their gate, it is setting a precedence that anyone in Wauwatosa should just build whatever they want to and not follow the guidelines set forth in the municipal code. What is the purpose of a code if there is no enforcement of it? Just build it – and then you can make up superficial reasons after the fact why a variance should be approved. If the City of Wauwatosa is going to let my neighbor have a 5’8 gate, then we all should be given that same option. We want peoples opinion & support of enforcing the code.
Kelley…I feel your pain. Really. South Milwaukee is terrible in enforcing the municipal codes and we cannot wait until we can afford to move out of this clansville. It seems like when there is some sort of dispute the ones who are following the laws and being good neighbors are the ones who get the short end of the stick. Good luck.
I am familiar with this situation and your neighbors had consulted the city before the fence was put up. I do not think that they “misunderstood”, but had consulted the city before the gate was put in.