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DCPREZ-2014-10839
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DCPREZ-2014-10839
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Last modified
12/2/2015 4:02:52 PM
Creation date
8/13/2015 1:55:02 PM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
10839
Town
Black Earth Township
Section Numbers
20
AccelaLink
DCPREZ-2014-10839
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recent deed of record transferring the property to you was accomplished under a single legal description covering the <br /> outer boundary of a single 31.3 acre ownership parcel. This is the same description included in the 1990 deed <br /> immediately following Ms. Olson's request for, and approval of,the RH-4 zoning to allow the use of the property as a <br /> single building site. The historic 1.4 acre parcel simply no longer exists as a separate, substandard/nonconforming <br /> parcel of record. <br /> > I appreciate the objectives you have in your proposal to reestablish the historic parcel as a second building site on the <br /> property. However, it is the responsibility of county staff and local elected officials to review such proposals in an <br /> objective manner and to apply adopted land use policies and regulations based on information found in the public <br /> record. I hope you understand that this is precisely what county staff has done, even if the content of the public record <br /> and findings of our review do not align with or support your proposal. <br /> > If you'd still like to meet, I am available early afternoon on Monday the 18th or Wednesday the 20th. As always, I am <br /> also happy to discuss by phone. <br /> >Sincerely, <br /> > Majid <br /> > From:Jean Mitchell [mailto:mitche985 @aol.com] <br /> >Sent: Sunday, May 10, 2015 9:38 AM <br /> >To: Allan, Majid; Lane, Roger; Everson, Daniel; Kodl, Curt <br /> >Cc: Dayna Dreis; peter.weil @wisc.edu; ICE Mike Mitchell <br /> >Subject: Re: County staff report for Mitchell petition (#10839) <br /> >Thank you Majid for all of your time and research on our rezoning request, it is truly appreciated! The Town Board <br /> postponed any decision last week. <br /> > From our viewpoint the transfer document made in 1969 states the Grantor conveys any and all rights. The issue <br /> appears to be with the person who typed that document only 'calling-out' one of the original rights that were inherent <br /> to the 1959 conveyance. The 1969 transfer document also erroneously references Erna as a 'single man' in the Grantor <br /> line but states 'she'as the Grantor conveys any and all rights in the now 'infamous' paragraph. Our position is the 1969 <br /> Cliff-noted version of the 1959 language simply fails to clearly reflect the original conveyance, it remains our position the <br /> "any and all" statement covers the building site transfer. <br /> >Subsequent human documentation errors caused this parcel's legally transferred 1959 building site to disappear. With <br /> no one reviewing/verifying the origin and content of this parcel during the creation the 1981 "map" it reflected <br /> inaccurate information on which Bonnie's 1990 request was based. To us it's simply about trying to right the 1969 <br /> building site disappearance issue and allow us, the Town and the County to at least have the option to leverage it's <br /> original intended purpose as a taxable building site. <br /> >We appreciate your thoughts on whether or not a nursing home structure would have been approved. Unfortunately, <br /> we have no factual information or expertise to add any valuable response (to your thoughts). From our perspective the <br /> 1969 'any and all rights' encompass the construction of a dwelling, if a nursing home project was for some reason <br /> disallowed, it stands to reason a residential project would have met little if any resistance at any point. If any of the <br /> following "would have" occurred we would likely have the two building parcels available to us today: <br /> >>the author of the 1969 transfer document would have left it at convey <br /> »all rights and interest the author of the 1969 transfer document <br /> »would have verbatim copied the language from 1959 the information <br /> 2 <br />
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