City of Muskego, Zoning Board of Appeals - 4/23/26

The City of Muskego Zoning Board of Appeals convened on April 23, 2026, to consider Appeal 01-2026 regarding a variance request for a residential pool setback. The petitioner sought to replace an existing above-ground pool located on a corner lot that did not meet current setback requirements due to changes in zoning ordinances and eminent domain land acquisition by the county. The board reviewed the history of the pool's original permit from 26 years prior, the impact of road widening, and the current zoning setback rules that classify corner lots as having two front yards with 40-foot setbacks. Staff recommended denial based on zoning code, but acknowledged the hardship due to the lot's unique constraints and the pool's prior legal non-conforming status. After discussion and consideration of public support and safety concerns, the board voted unanimously 5-0 to approve the variance, allowing the pool replacement in its existing location.