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Board approves Zimmerman conditional‑use permit to encroach wetland setback with added inspections

December 02, 2025 | Germantown, Washington County, Wisconsin


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Board approves Zimmerman conditional‑use permit to encroach wetland setback with added inspections
The Village Board approved a conditional‑use permit (CUP) for property owner Jason Zimmerman to allow limited encroachment into a required 25‑foot wetland setback to accommodate a detached garage and an above‑ground pool deck.

Associate planner Jordan Yankee presented the application and staff recommendation. The permit covers three disturbance areas (garage, pool deck and peripheral disturbance) and includes a mitigation plan of approximately 3,000 square feet of compensatory plantings that staff found sufficient to meet village code. Staff recommended a set of conditions: delineate wetland areas on the PLATA survey, provide additional detail about disturbance areas, require pre‑ and post‑construction inspections to evaluate impacts to the adjacent wetland, and make the permit contingent on a favorable FEMA Letter of Map Change removing the area from the floodplain.

Trustees questioned whether the owner could relocate structures to higher ground or rotate the pool to avoid the setback. The applicant, Jason Zimmerman, said the buildable area is small because most of the nine‑acre parcel is floodplain and set‑backs prevent moving closer to the road; he said he is proposing compensation plantings and habitat improvements.

Trustees asked for additional long‑term monitoring. The board amended the conditions to require not only post‑construction inspection(s) immediately after work but also a follow‑up inspection one year later. With that amendment the board approved the CUP by roll call. Trustee Baum and Trustee Jen Miller voted no on the final CUP vote; other trustees supported the permit.

Follow up: the project is contingent on FEMA approving the LOMC; if FEMA does not approve the applicant will not receive a building permit. Staff will verify the PLATA survey disturbance delineations and schedule the pre/post inspections and the one‑year follow‑up.

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Scribe from Workplace AI
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