Germantown approves conditional use permit for Merkle Drive property with added inspections

The Village Board approved a conditional use permit for property owner Jason Zimmerman to place a detached garage and an above‑ground pool deck within a 25‑foot wetland setback on Merkle Drive, subject to four conditions including mitigation plantings, pre/post construction inspections and a requirement that the applicant obtain a favorable FEMA letter of map change.

Associate planner Jordan Yankee presented the application and said staff determined the applicant’s proposed roughly 3,000‑square‑foot compensation planting area met the code’s mitigation requirements and that Plan Commission had recommended approval 6–1. Yankee noted the project is contingent on a favorable FEMA letter of map change to remove the affected area from the floodplain.

Trustees asked about long‑term monitoring. Trustee Kvinsky asked whether inspections would be repeated in future years; Yankee said the staff‑recommended condition called for pre‑ and post‑construction inspections but did not include a three‑year follow‑up. The board amended the condition to add a one‑year follow‑up inspection after construction.

Zimmerman spoke in support of his plan, noting much of his nine‑acre parcel is in the floodplain and that he had undertaken improvements to support wetland quality. After the amendment to include a one‑year inspection, the board approved the conditional use permit; two trustees recorded opposition.

The approval includes the detailed mitigation plan and the requirement that construction not proceed without the FEMA LOMC; staff will perform inspections as required by the CUP conditions.