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Plan Commission approves special‑exception for Woodland Park Drive house with stormwater conditions

5844407 · June 26, 2025
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Summary

The commission approved a special exception to allow a new single‑family home with an attached garage on a lot that straddles two zoning districts, imposing engineering review, an as‑built grading requirement and a recorded special‑exception restriction to protect neighbors and the stormwater basin.

The Delafield Plan Commission on June 25 approved a special exception to allow construction of a single‑family residence with an attached garage at Woodland Park Drive (parcel DLC 0751097002), subject to conditions aimed at ensuring stormwater and drainage protections.

The owners, Michael and Audrey Pals, and applicant Andy Backus of Aspen Homes asked to place the house partly within a front setback and to gain relief from open‑space requirements because the southern lot was reconfigured by a certified survey map in 2019 and now spans two zoning districts (RL2 and RE1). Amy Barrows, the city planner, said the southern lot had grown from about 6,975 square feet to over 20,000 square feet in the 2019 CSM and that the house footprint straddles the two zones; the primary constraints are a recorded stormwater detention easement and required setbacks on the RE1 portion of the lot.

Nearby resident Laurie Gunderson, who lives across the street, raised longstanding drainage and retention‑pond concerns tied to the subdivision and asked why construction would be allowed in an area she said was created under DNR oversight as a required retention feature. Gunderson said the pond had played a long‑term role in local runoff and expressed worry about changing the basin. City staff and the applicant said the proposed house would not be placed inside the detention basin itself and that grading plans direct runoff toward the basin; engineering review was required to confirm that the basin’s storage capacity and maintenance agreement would not be adversely affected.

Commission conditions require review and approval by the city engineering department to ensure compliance with the recorded stormwater maintenance agreement, that stormwater storage within the basin is not reduced, and that construction will not cause adverse drainage for neighboring properties or the road. The commission also required submission of an as‑built grading plan to engineering prior to issuance of an occupancy permit, or, if that is impractical because of seasonality, an alternative assurance approved by the city administrator (for example, a performance bond). Staff will prepare a special‑exception restriction to be recorded with the Waukesha County Register of Deeds prior to issuance of the building permit; the restriction will prohibit commercial use and specify permitted plumbing limitations.

Amy Barrows said the proposal met the code’s minimum standards for a special exception and that the recorded stormwater easement and the 2019 survey left the lot with limited buildable area; the proposed grading and swales are intended to direct runoff to the basin but require engineer verification. The commission’s motion to approve included the engineering review, the as‑built requirement (or an acceptable bond alternative), and recordation of the special‑exception restriction.