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Sauer, Sarah From: Lane, Roger Sent: Friday, April 10, 2015 9:49 AM To: Carolyn Hacker(chacker @town.springfield.wi.us) Cc: Sauer, Sarah; Kodl, Curt Subject: Hellenbrand mobile home Attachments: hellenbrand.pdf Dear Carolyn, This email is in response to the question of whether or not Mr. Hellenbrand can replace the mobile home on the his A-1 Ex Exclusive Agriculture zoned property. The mobile home (residence) is located on a property of approximately 155 acres in size. The property currently holds the zoning district classification of A-1 Ex Exclusive Agriculture. Under Dane County Code of Ordinances Section 10. 123(2)(b), any lawfully existing residence existing as of February 20, 2010, may be allowed to be replaced. The property would not be considered a mobile home park because there is only one home and it does not meet the definition of a mobile home park. DCCO 10.01 (38)Mobile homes park.Any plot or plots of ground upon which two(2)or more units, occupied for dwelling or sleeping purposes are located,regardless of whether or not a charge is made for an accommodation. Is subject to the requirements of section 66.058 of the Wisconsin Statutes. It appears that this particular residence has existed for over 25 years (shown in aerial photos) and has been inhabited through out the years (owner statement). Dane County would consider this residence lawfully existing and could be allowed to follow the provisions found under 123(2)(b) for replacement. DCCO 10.123(2) (b) Agricultural Accessory Uses, except those uses listed as conditional uses below. Any residence lawfully existing as of February 20, 2010 shall be considered a permitted use. Notwithstanding the provisions of secs. 10.21 and 10.23 regarding nonconforming uses, such structure may be added to, altered, restored, repaired, replaced or reconstructed, without limitation, provided all of the following criteria are met: 1. the use remains residential, 2. the structure complies with all building height, setback, side yard and rear yard standards of this ordinance; and 3. for replacement residences, the structure must be located within 100 feet of the original residence, unless site-specific limitations or town residential siting standards in town plans adopted by the county board require a greater distance. Proposals for a replacement residence that would exceed the 100 foot limitation must be approved by the relevant town board and county zoning committee. (c) Rental of existing or secondary residences located on a farm, but no longer utilized in the operation of the farm. The Dane County Zoning Ordinance does not prohibit mobile homes to be used as a residence. If a single- family residence is permitted by right in a zoning district; a mobile home, manufactured dwelling, modular home, or stick building home may be used as a residence. Please note that a Town Ordinance under the building permit section, may prohibit mobile hones (constructed prior to 1976) to be used as a dwelling due to it not meeting construction standards. The town ordinance may also require all residences to be constructed on a permanent foundation. Please review your town ordinances. 1