Posted: Feb. 8, 2010

Muskego — A fence and berms built to perhaps shield business operations that violate city ordinances could cost a homeowner about $272,000 in fines.

Since January 2009, Muskego has fined Jason Fry, the owner of the home in the South 8800 block of Racine Avenue, for two suspected violations of city home occupation and commercial ordinances. City officials suspect Fry of carrying on a landscaping and plowing business from his home, which is in an area zoned for residential with very limited business operations allowed.

Starting in May, the city added citations for suspected violations of fence height and for having berms that are steeper than ordinances allow. The city allows a maximum fence height of 6 feet. Some of the fencing is placed on the top of tall berms, making a virtual wall between the property and neighboring properties. The fence is on at least three sides of the property.

All four of the city citations are automatically renewed every day. At a maximum of $200 per day per citation, the potential total as of Thursday is about $272,000.

No one expects the owner to actually pay that, however.

Goal is compliance

"Our sole goal is to get compliance with the code and that's it," said Adam Trzebiatowski of the Muskego planning department which issued the citations. The city wants the slope of the berms reduced and any parts of the fence that are too high to be shortened, he said. It also wants any business operated at the home to follow city restrictions for businesses in residential zoning, he said. That means only one commercial vehicle on the property and no overt business operations, he said.

"A neighbor should not even know that a business is going on," he said.

After numerous complaints to the city, the planning department has worked with Fry for two years, Trzebiatowski said.

"The citations were only issued as a last resort," he said.

While city officials are bothered by the suspected misplaced business aspects of the case, the berms with the fence on top are the most disturbing for neighbor Magnus Ekstrand.

"My biggest objection is that it is very unsightly and affects aesthetics for everyone," he said. "It is not in keeping with the spirit of the neighborhood."

Before the fence went up, Ekstrand said he saw multiple commercial vehicles and trailers with equipment on them at the house.

Ekstrand said he wants to find some middle ground.

"I hope we can find a way to peacefully coexist," he said.

Options exist for fence

It is legal to put a fence on top of a berm, as long as the fence is no taller than 6 feet, Trzebiatowski said. The city gave Fry the option of keeping the steep berms by building a retaining wall. But that wall has not been built, Trzebiatowski said.

Ekstrand acknowledges that he is likely to lose some money because of his neighbor. Ekstrand has been relocated and put his home up for sale two weeks ago.

The city and Fry were to go to trial in municipal court last week. But Fry requested a new trial date of March 24.

Neither Fry nor his attorney could be contacted for comment.