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`°'�':1;, DANE COUNTY CAL W.KORNSTEOT <br /> `` vv CORPORATION COUNSEL <br /> Deputy Corporation Canset <br /> SI11G ♦rr I(, /1 ' Rodney F.Knight <br /> ��, t��?l �� Assistant Corporation Counsels <br /> �h,`�itOp►!1 _ David R.Gault <br /> " =°— Kristi A.Gullen <br /> 419 City-County Building DyannLHatner <br /> 210 Martin Luther King, Jr., Boulevard . LindaC Krueger <br /> Madison, Wisconsin 53709 Maureen A.Plunkett <br /> Amold N.Rusky <br /> 608 266-4355 Galen G.Strobe <br /> Rebecca R Weise <br /> H.Arleen Wolek <br /> Child Support Agency <br /> peouty Corporation Counsel <br /> Merrily S.Burch <br /> Assistant Corporation Counsels <br /> Clare Altschuler <br /> January 5, 1999 Donald L Antoine <br /> Patricia Haraughty-Sanra <br /> Peter C.Williams <br /> Randy A Woodford <br /> Jerre L Ziebetman <br /> Supervisor Helen Johnson, Chairperson <br /> Dane County Zoning & Natural Resources Committee <br /> 118 City-County Building <br /> 210 Martin Luther King, Jr. Blvd. <br /> Madison, Wisconsin 53709 <br /> Dear Supervisor Johnson: <br /> You have requested an opinion as to whether under a conditional zoning <br /> approach deed restrictions may be imposed upon land which is not the subject of the <br /> rezone petition. It is my opinion that the county possesses authority to require as a <br /> condition of rezoning that the petitioner impose or acquire deed restrictions on any <br /> property, the uses of which the county board determines reasonably relate to proposed <br /> uses of the rezoned property. <br /> The Wisconsin Supreme Court has held that municipalities are authorized by <br /> statute to rezone property contingent on the petitioner meeting such conditions as may <br /> be required by the local legislative body. Konkel v. Delafield Common Council, 68 <br /> Wis.2d 574, 229 N.W.2d 606 (1975). ("We conclude this ordinance was properly <br /> adopted by the common council in the exercise of its statutory functions to determine to <br /> rezone property at such time as the conditions, set by the council, were met." p. 579) <br /> tr <br /> Given this interpretation by the courts, it is not necessary to look any further for <br /> authority for the proposition that conditional zoning is valid. However, I note that <br /> conditional zoning is also expressly authorized by s. 10.255 (3), D. C. Ord. I also <br /> understand, however, that there has been some sentiment expressed that this section <br /> does not authorize the county to require deed restrictions on other than the parcel to be <br />