PCR2018041 Karfonta CUGRESOLUTION #P.C. 041-2018
APPROVAL OF A CONDITIONAL USE GRANT FOR A REASONABLE ACCOMMODATION
FOR THE DISABLED LOCATED AT W186 S7544 KINGSTON DRIVE
(TAX KEY NO. 2195.026)
WHEREAS, Plans were submitted by Joan Sweet of Sweet Designs, on behalf of Mary Karfonta,
for a Conditional Use Grant (CUG) for the allowance of a home/attached garage addition under
the “Reasonable Accommodations for the Disabled” provision of the Zoning Code at the property
located at W186 S7544 Kingston Drive / Tax Key No. 2195.026, and
WHEREAS, Said property is currently zoned RL-3 Lakeshore Residence District, and said use is
a permitted use by Conditional Use Grant, and
WHEREAS, Section 400-159G. of the Municipal Code governs “Reasonable Accommodations for
the Disabled” and that section can allow waivers to a dimensional/area zoning regulation to be
granted through a Conditional Use Grant to offer reasonable accommodations for a person with
disabilities, and
WHEREAS, The property owner has stated that her husband has medical issues and due to
these needs the current home does not safely and adequately meet his needs, and
WHEREAS, The property owner has also stated that her mother has medical issues and due to
these needs the current home does not safely and adequately meet her needs, and
WHEREAS, In order to make the home accommodating and safe for its residents that have
medical needs, the applicant is proposing to remove the existing detached garage and to add a
new handicap accessible single floor addition with a new attached garage, and
WHEREAS, The home addition would include two bedrooms, a bathroom, and a laundry area, all
of which would be accessed via the outside with flush entryways to improve accessibility, and
WHEREAS, The detached garage would be sized to accommodate an SUV and a mini-van, and
WHEREAS, The existing home and the detached garage are non-conforming due to their
locations, and
WHEREAS, The newly proposed addition to the home will be fully complaint with the required
setback/offsets, even though the existing home is not, and
WHEREAS, Since the existing home is non-conforming, the 50% rule applies to the cost of
materials of the addition and the applicant has stated that the proposed material costs of the
addition are within the 50% allowance, and
WHEREAS, The reason for the “Reasonable Accommodations for the Disabled” CUG is due to
open space concerns with the proposed addition, and
WHEREAS, As part of the new proposal, the owner is removing the existing asphalt driveway and
sidewalk and is going to be replacing them with a permeable material to try to be as complaint as
possible with the open space regulations, and
WHEREAS, With the permeable driveway/walkway, the property will consume 2,869 SF (32.6% of
the lot), which is 671 SF over the allowed limit of 2,198 SF (25% of the lot).
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a Reasonable Accommodations for the Disabled for a home/attached garage addition at
the property located at W186 S7544 Kingston Drive / Tax Key No. 2195.026.
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: August 7, 2018
Defeated:
Deferred:
Introduced: August 7, 2018
ATTEST: Kellie McMullen, Recording Secretary