DCPVAR-1983-01141 - Laserfiche WebLink

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wv,jl': COUNTY Br)APD OF ADJT1:,TMP'. AI11T:A1, OIC IN'TERPRI?TATION OF ZONTNC ORDINANCE. (I) (We) Drover's Woods Homeowner's Association Address Marshall, W:I Appeal to the Dane County Board of Adjustment for determination of the val'dity of the interpretation of the Dane County Zoning Administrator as pertains to the ollowing: Provisions of the Dane County Zoning Ordinance. Section 10.12 (1) (c) 4. Dane County Zoning Ordinance, in 1968-69 provided: all exist- ing mineral extraction operations shall be considered non -conforming uses and may be continued providing that they have been worked prior to the date of adoption of this ordinance and that they have been registered with the Dane County Zoning Administrator within one year of the date of the adoption of this Ordinance. The Dane County Zoning Administrator's Interpretation: Registered, non -conforming mineral extraction sites may be utilized from 1968-69, forward; the non -conforming status was intended to be continuing regardless of the use of the site. Dane County Zoning Ordinance Section Ref.: 10.12 (1) (c) 4. - 1968 - 7/15/81 (Zoning Ordinance Amendment #2691) 10.126 (2) (a) 5. - 7/15/81 - to date 10.21 (1) - 1950 - 12/12/81 (Zoning Ordinance Amendment #2795) 10.21 (1) - 12/12/81 to date APPELLANT'S STATEMENT: The site in question is just off Highway 19 approximately halfway between Sun Prairie and Marshall, The site had been used for mineral extraction but all mineral extraction operations ceased in or about 1968. In 1968, the site was considered by the Dane County Zoning Department as a non -conforming use site under the new mineral extraction ordinance. In 19.72, the Drover's Woods Development started and the first home was built in 1973. There are currently 43 homes in Drover's Woods, including 22 homesites that are within 300 feet of the property line of the 1968 mineral extrac- tion site. In August, 1980, Madison Sand and Gravel bought the mineral extraction site abutting Drover's Woods. FROM ON OR ABOUT 1968 TO THE DATE OF THE PURCHASE OF THE PROPERTY BY MADISON SAND AND GRAVEL, NO MINERAL EXTRACTION ACTIVITIES HAD OCCURRED ON THE PROPERTY, RESULTING IN THE ABANDONMENT OF THE NON -CONFORMING USE DESIGNATION FOR THE PROPERTY. The dozens of people who purchased homes and homesites in Drover's Woods had no actual or implied notice that there was an abandoned mineral extraction site abutting the development (the property had converted to a wild and natural state). Even if the homeowners had had any notice (which they did not), the notice would have been of a clearly "abandoned" site. -Madison Sand and Gravel had actual notice of the existence of the Drover's Woods Plat. The mineral extraction zoning ordinance for Dane County adopted in 1968-69 allowed a non -conforming use for certain operating mineral extraction sites within the County. The purpose of the non -conforming use was clear --to allow an active mineral extraction operation to continue after the Dane County Ordinance was adopted. As with any non- conforming use from uniform county -wide zoning requirements, the ability to continue to claim the use can be lost through "abandonment." Appeal #Date: A//7 G , (Applicant or agent) Lr 54.5-79 (9/82) APP'L. INTR'P. OF Z. ORD.