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Waukesha approves zoning change for in‑law units and signs off on CSM, farm buildings, road payments and TMDL consortium membership
Summary
The Village of Waukesha Plan Commission and Village Board on Jan. 9 adopted an amendment to village ordinance chapter 42‑35 D5 clarifying contiguous living space for in‑law units and took multiple land‑use and infrastructure actions including approving a certified survey map, an agricultural accessory building, a contract closeout change order for the 2024 road program (while withholding final retainage over a culvert concern), joining a Fox‑Illinois TMDL consortium and advancing the 2025 road paving plan to bid.
The Village of Waukesha Plan Commission and Village Board met jointly on Jan. 9 and approved a set of land‑use, infrastructure and administrative items: they adopted an amendment to village ordinance chapter 42‑35 D5 clarifying requirements for in‑law (accessory) units, recommended and approved a certified survey map for a Merrill Hills parcel, approved a large agricultural accessory building for a Glendale Road property, authorized a contract change order to finalize the 2024 road‑program contract while withholding part of the final payment pending a culvert concern, agreed to join a Fox‑Illinois River Basin TMDL consortium, advanced the 2025 road paving selection to bid, authorized a culvert extension on a farm driveway, approved insurance renewal adjustments, and adopted a budget amendment to close out 2024 capital items.
Sean (village staff) opened the ordinance item by describing the proposed change to village ordinance chapter 42‑35 D5 and said the amended language removes the pre‑hearing requirement that an item be reviewed by the planning commission prior to scheduling the public hearing and clarifies interior access between contiguous units. "The units shall have contiguous living space with internal access between the units," Sean said, meaning the amendment requires internal access so the dwelling cannot function as a duplex.
The plan commission moved to recommend adoption, and the village board accepted that recommendation and adopted the ordinance amendment. The change removes a scheduling step the village said conflicted with Wisconsin Act 57 and tightens the definition of contiguous living area and internal access so the units will be treated as a single dwelling when the conditions are met.
On a land division matter, the board considered a certified survey map (CSM) for petitioner Jeffrey Johnson for property on Merrill Hills Road. Staff explained the proposal would reconfigure two unplatted parcels so the house parcel increases from about 1.02 acres to approximately 1.39 acres and a separate, larger agricultural remnant parcel (greater than 20 acres) would be exempted from inclusion on the CSM under the village land division ordinance. Staff and the village engineer noted two…
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