CITY STAFF MODIFIES BOZA APPROVAL, BRADY NEIGHBORS APPEAL

DEVELOPER PULLED BAIT-AND-SWITCH; GOT CAUGHT BY VIGILANT NEIGHBORHOOD GROUP KOVAC SUPPORTS BRADY STREET ASSOCIATION IN BOZA APPEAL

LEFT: The original proposal. Note doors, windows at street level

ABOVE: The Staff-Approved modification. Note garage doors at street level

By Michael Horne

The Brady Street Area Association [BSAA] filed a Notice of Appeal and Application for Review with the City of Milwaukee Board of Zoning Appeals [BOZA] regarding a design modification for a proposed 2-family dwelling at 1679 N. Humboldt Ave.

The appeal, filed Tuesday, May 5th, 2009, asks BOZA to "require the developer [DV Residential] to 'go back to the drawing board' and produce a design for the front building that does not require vehicular access from Humboldt and is aesthetically consistent with the neighborhood architecture."

The original BOZA variance for Brady Bella permitted construction of four units, in two buildings, at the address. All vehicular access was to have been through the alley.

The rear houses were constructed first, and it was clear to this observer from the start they were not built in such a fashion that a vehicle could get to the front houses, once constructed, from the alley.

But before construction could begin on the front buildings, BSAA noticed that DV Residential had received permission from the city's ZAG staff to void the alley access provision administratively, permitting street vehicle access to the front buildings, consequently removing a couple of prime street parking spaces from the mix, and changing the building from a reasonably attractive one to a monster with two double garage doors facing the street.

This is precisely the sort of development the neighbors tried to stop when they negotiated with BOZA in the first place.

The developer certainly knew of the neighbors objections even before Brady Bella had been planned.

BSAA had disapproved of plans for an earlier development proposed for the site and "we raised concerns about the driveways from Humboldt proposed at that time. So when we saw the plans that were submitted to BOZA, we were relieved to see the driveway issue addressed. Our take was that the developer could build two buildings on the condition he essentially give up his driveway rights to Humboldt," BSAA Secretary Russell Drewry wrote. [See pdf documents below.--Ed.]

However, when it appeared the BOZA rules were ignored by the ZAG staff, for reasons unknown, BSAA took action.

ALDERMAN KOVAC: I SUPPORT BSAA

Ald Nik Kovac says " I agree with the immediate neighborhood concerns addressed in the original BOZA application and I support their request for appeal."

Excerpt from Drewry's letter to Brady Street neighbors, and an appeal for funds to cover costs of appeal:
The Brady Street Area Association submitted an application (see attached) to appeal the Zoning Administration Group's decision to the Board of Zoning Appeals (BOZA). (The Zoning Administration Group consists of city staff.) I spoke to the BOZA secretary who thought this would come before BOZA on June 11th. I also learned that this would be the first of potentially two hearings. At the 6/11 hearing the BSAA is the petitioner trying to reverse the decision the Zoning Administration Group made to permit the change without BOZA'S input. If they rule in our favor, then the developer needs to petition and bring the revision to to a 2nd BOZA meeting. Those of you who live close to the site should receive a notice. But I'll also try to keep you up to date. The BSAA submitted this on behalf of the neighborhood and there was a $250 filing fee. While the board agrees that this is an issue that effects the entire neighborhood, understandably the most immediate beneficiaries of this are the residents in close proximity of the project. Therefore I ask that if you're willing and able to, please make a modest donation to the association to help defer the costs. Checks can be mailed to BSAA, 1218 East Brady Street, Milwaukee, WI 53202. And please identify "1679 Humboldt issue" on the memo line. At the very least, if you're not a member, please join! A membership form is also attached.That's all I know right now.BOZA%20Application%20%26%20Letter.pdf