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Village Spillage

Village Spillage is a blog about Whitefish Bay and the surrounding areas. It focuses on Village Government, elections, Silver Spring, and many other topics that aren't covered in the media.

Homeowner Rights Suffer Blow

By Kevin Buckley
Tuesday, Jul 8 2008, 06:42 PM

I've been to three meetings at Village Hall in the past year to witness three decisions I cared about.  I am 0 for 3.

The first I attended was to observe the annual decision to continue the practice of having Trick-or-Treating on Sunday afternoon, trumping tradition with convenience, flying in the face of how the rest of the country celebrates Halloween.  While I was disappointed, life will go on, and the GHOST-PAC army will grow each year.

The second, was to witness the debate on allowing Aurora Health Care build a clinic on prime Silver Spring property.  Again, I was disappointed in the decision, but I understood it.  When your business district is in a death spiral, you accept sub-optimal establishments, hoping it will work out.

I went to last night's Trustee meeting to hear the debate on curtailing homeowner rights.   To be honest, this one made me angry.

To summarize, the debate was over how homeowners may use their garages.   As Whitefish Bay residents seek to improve their homes, their dilapidated garages are replaced with glorious new structures, often with room above the car park that can be utilized in ways only bound by the homeowner's imagination.   Maybe a home office, maybe a toy room, maybe a neighborhood ping pong arena, or maybe just a simple room with a couch to read books in peace.

Well, imagine no further, Whitefish Bay residents.  You can't do that anymore. 

Four residents spoke at the meeting, two of them architects, all asking: Where is the public outcry for new regulation?   The answer is, there isn't any.  

The trustees based their decision on two specious elements.  Safety, and privacy (aesthetics).  Since fires can break out in garage spaces, Whitefish Bay "shouldn't" allow habitable space above them.   An audience member debunked that idea with two hits:  First, we allow people to live atop attached garages all the time.  Second, new garages are required to be built to fireproofing standards.  

As for the "privacy" rationale, whereby residents don't want tall remodeling projects blocking out their view, Trustee Siegel aptly suggested that occurs frequently in Whitefish Bay, as people are allowed to construct additions to their homes, which certainly alter the view of neighbors. 

Furthermore, we have an Architectural Review Commission who makes sure all projects are of "proper scale and mass."    For the most part, these garages with floorspace above will be built.  The question is, what can people do with them?

At one point, Trustee Roemer, who was chairing this part of the meeting, said he was uncomfortable with the rules at hand, and he thought the Board would not be able to vote on them until the issues had been resolved, since the debate had exposed many unaddressed problems.  However, since the "Plan Commission had worked on this for so long", sending it back to them wouldn't be productive.  It appeared the Trustees just wanted to move on, flaws notwithstanding.  They then passed each rule as written, with a couple feeble dissents per rule.

As a guess, I think Trustees Roemer and Fehring, who cast the two lone dissenting votes, were frustrated but swept up in the bunch.

Honestly, this kind of regulation is infuriating.  Whitefish Bay is landlocked.  Lot sizes are small.  Homeowners should be encouraged to do their best with the small property they have with the rules already in place, .   The answer to residents desiring more space to inhabit on their property shouldn't be "MOVE TO MEQUON."  

What angers me the most, however, is that this is a classic case of lawmakers passing a regulation that the public would overwhelmingly reject.   There were 4 village residents who spoke passionately and knowledgeably against passage.  There were ZERO residents there to speak in favor, besides the ARC chair who spoke informationally.  Yet the Trustees imagined hoards of Fonzies, secretly renting out 2nd floors of garages (with no plumbing).  The Trustees imagined fictional Villagers taking umbrage with neighbors using space above their new garages for offices, or recreation, or dozing.  

To an extent, I blame myself.  I should have written a column weeks ago, maybe snared a few more residents who care about their rights as homeowners to show up.  On the other hand, would the Trustees have listened had 10 people showed, or 20?   The Trustees were using their imaginations about unspoken, theoretical neighbor unhappiness which apparently trumped the passionate pleas from those actually in attendance.

(And for the record, I don't have a garage, so I am not biased to favor lax rules.  I do, however, realize my family has doubled in the past two years, and my 1300 sq. foot home is getting smaller by the minute.  A home with an extra room over the garage could be exactly what I'm looking for in my next WFB residence, but alas.)


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Comments

Cate_O   

You know, this is my fault, not yours, but I do receive most (all?) my village information from your blog.  I am just going crazy w/how overbearing the village is becoming, and so are most of me neighbors.  Give us a heads-up next time something like this is going down, and you'll have our participation.

I agree, the village is just out of control lately.  Having seen some friends go through the process with the architectural review board was a real eye-opener to just how out of control this village has become in regards to homeowner's rights.  Couple that w/the fact that they're just ignoring dumps that are barely still standing throughout the village and it's enough to make me want to bang my head against the wall.  But, as you said, they're right there w/the overnight parking tickets (we've gotten a few) and architectural review boards. *rolleyes*

July 8, 2008 9:22 PM

Kevin Buckley   

Cate_O - Thank you!  I'm glad to hear I'm not alone.

Please, please send your thoughts .. hell, cut and paste those comments, and send them to manager@wfbvillage.org and ask him to distribute it to the Trustees, which he will do.  Tell your neighbors to do the same.   The more feedback they get, the more cautious they will become enacting things against the public will.

In the end, while this blog has a decent audience, without people stepping to the plate, it's just one crank they can dismiss.

July 8, 2008 10:07 PM

Ted H.   

Kevin,  Thanks for these usefully opinionated posts.  I disagreed with your last one, on the ARC.  But your polemic here is spot on.  The problem is <i>precisely</i> that few residents would vote for such legislation.

The reason few would vote for it is that there don't appear to be good reasons for these restrictions.  As you note, the safety argument can easily be countered by observing that any safety issues with detached garages can be addressed on their own terms, either through more specific legislation or case-by-case.  The aesthetic argument, by contrast, appears to have no basis whatsoever.  The thought appears to be that neighbors <i>might</i> complain.  Well, again as you note, then let them complain when the project is reviewed.

You noted how your previous post expressed a libertarian impulse, and that's why I couldn't agree with it.  These review boards are in general fine by my Rawslian-liberal lights, though they should of course be criticized for specific foolish decisions.  But the Rawlsian in me is alarmed when legislators don't bother to exercise public reason, as appears to have happened here.  That does suggest deeper problems -- even if the ultimate explanation is mere laziness.

But then who am I to talk?  I wasn't at the meeting either....  

July 9, 2008 7:19 AM

Ted H.   

As an aside and afterthought, this comment space is incredibly primitive by current blogospheric standards.  No preview?  No italics!?  It has that distinctive 2002 feel -- from when blogging was in its infancy.

A community forum -- as your blog is becoming -- deserves better!

(If it's crude for commenters, it must also be crude on the blogger's end.  Are you typing your posts into postage-stamp windows?)

July 9, 2008 7:31 AM

Ted H.   

In response to a request from Kevin, I've explained my disagreement with his previous post in a new comment there.  (Thanks, Kevin, for the provocations.)

July 9, 2008 10:45 AM

wfbdoglover   

Kevin,

I agree with others that your blog has become our updated communication.  I wonder if the Village will make everyone take down the huge garages that are already in place.  (THAT would sure create an uproar 'eh?

I am glad that you posted the voting records, as people will start keeping mental notes and remember when it is time to revote.

As far as Mequon, there are a few residents that sued for over taxing and got money back, that could always be an option for residents here.  This is really violation of personal property.

As far as Fonzie goes, (love the reference) maybe a few Fonzies around town would lighten up the self righteous mood that this town has become to hold.

While the board is at it, keep our views unobstructed.  Would they consider getting rid of those "eyesore" EMPTY most of the time newspaper boxes?  CNI stopped putting papers in there almost two years ago.  Freedom of speech only applies when people put something to read in those boxes AND ADVERTISING does not count - if you ask me.

July 9, 2008 10:50 AM

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About Kevin Buckley

Kevin Buckley of Whitefish Bay is a native Minnesotan who moved to Wisconsin 20 years ago to attend Marquette University. He is a recovering accountant, now working in the technology field as a webmaster for a company in New Berlin.

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