PCR2018035 Kurth hanidcap deck CUGRESOLUTION #P.C. 035-2018
APPROVAL OF A CONDITIONAL USE GRANT FOR A REASONABLE ACCOMMODATION
FOR THE DISABLED LOCATED AT S70 W13749 TESS CORNERS DRIVE
(TAX KEY NO. 2163.990)
WHEREAS, Plans were submitted by Tim’s Home Improvement, on behalf of Darlene Kurth, for a
Conditional Use Grant (CUG) for the allowance of a front deck into the front setback under the
“Reasonable Accommodations for the Disabled” provision of the Zoning Code at the property
located at S70 W13749 Tess Corners Drive / Tax Key No. 2163.990, and
WHEREAS, Said property is currently zoned RS-2 Suburban Residence District, and said use is a
permitted use by Conditional Use Grant, and
WHEREAS, Chapter 17, Section 14.03(7) governs “Reasonable Accommodations for the
Disabled” and that sections can allow waivers to a dimensional zoning regulation to be granted
through a Conditional Use Grant to offer reasonable accommodations for a person with
disabilities, and
WHEREAS, The applicant has stated that they have medical issues that require the use of
crutches and access to the current porch is difficult due to the step down and due to its small size,
and
WHEREAS, A new deck is proposed in front of this existing home, partially over the existing front
stoop, to allow safe access to a outdoor deck/porch area that is of an adequate enough size to
allow safe and practical use, and
WHEREAS, This property is typically required to have a front setback of 40 feet from the ultimate
right-of-way line and the proposed deck is seeking a setback of about 19 feet from the ultimate
right-of-way line, which is about 59 feet from the actual roadway edge, and
WHEREAS, The deck was designed to be level to the house to create a safe level transition from
the home and is designed at a size that will meet the applicant’s needs for maneuverability, while
not being excessive in size.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for Reasonable Accommodations for the Disabled for a front deck to be built within the front
setback at the property located at S70 W13749 Tess Corners Drive / Tax Key No. 2163.990.
BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the
medical need for the deck ceases, the front deck must be removed at that time and the
conditional use grant must be removed.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department and that all aspects of this plan shall be maintained in perpetuity unless
otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted: June 5, 2018
Defeated:
Deferred:
Introduced: June 5, 2018
ATTEST: Kellie McMullen, Recording Secretary