Germantown planning commission approves conditional use permit for garage and pool to encroach wetland setback with mitigation conditions

The Village of Germantown Planning Commission voted Nov. 10 to approve a conditional use permit that allows property owner Jason Zimmerman to place an 840-square-foot detached garage, an above-ground pool and a deck within portions of the village's 25-foot wetland setback at W202 N11787 Merkle Drive.

Staff planner Jordan told the commission the application proposes mitigation that includes silt fencing, erosion controls and roughly 3,000 square feet of native planting to compensate for disturbance to the setback, and noted the applicant has submitted a letter of map change to FEMA to revise the floodplain boundaries. "Staff does find the wetland compensation plan to be sufficient," Jordan said, while asking the applicant to provide additional exhibit detail showing square footage of disturbance.

Neighborhood speakers voiced mixed views during the public hearing. Dawn Kans, a neighbor to the south, described new standing water and drainage problems she said followed recent pipeline work and urged that the area be stabilized before further development. Another neighbor, AJ Morgan, said he was not opposed to the pool or garage but asked for additional screening so the new garage would not dominate his view.

Zimmerman described the mitigation as converting existing mowed turf into native grasses and wildflower plantings and said he plans to spread topsoil and seed along the wetland boundary to improve conditions: "What I'm gonna do is I'm gonna go directly from the south edge of A, and I'm gonna go directly west all the way to where the wetland delineation is, and my plan is to make that all compensate," he said.

Commissioners asked whether FEMA's approval of the letter of map change was required before the CUP decision. Jordan advised that the FEMA determination generally is not required before CUP approval but recommended it be resolved before building permit release. The commission therefore attached conditions requiring (1) more detailed wetland-exhibit documentation, (2) pre- and post-construction stakes/inspections to verify the wetland boundary, and (3) a favorable FEMA map-change determination prior to issuance of a building permit.

The motion to approve the conditional use permit passed on a voice vote after discussion; one commissioner recorded a dissent. The record shows the commission's approval is conditional and that staff will work with the applicant to finalize mitigation details and permit-level documentation.