DCPREZ-0000-07409 - Laserfiche WebLink

Home Browse Search

DANE COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Petition: 7409 (Breunig) Public Hearing Date: 11/24/98 Town of Roxbury Date of this report: 5/4/99 I. BACKGROUND A. Request Al and Lori Breunig seek to rezone 5 acres from the A-1(Exclusive Agricultural) zoning district to the RH-2 (Rural Homes) zoning district for a single family residence. The Breunigs currently own 201 acres of agricultural land in the Town of Roxbury. The proposed residential lot would be sold to Duane Wipperfurth. The Breunigs would continue to farm the balance of the property. B. History/Past Actions The Zoning and Natural Resources Committee held a public hearing on this petition on November 24, 1998. At the hearing, the ZNR voted unanimously to postpone action pending a recommendation from the Town of Roxbury Board of Supervisors. On December 21, 1998, the Roxbury Town Board voted 3-0 to recommend approval of Petition 7409. The Town Action Report submitted at that time showed no conditions on the rezone action. A January 11, 1999 letter from Town Supervisor Charles Breunig indicated that the Town Action Report was in error; on January 18, 1999, the Town Board voted to amend their recommendation to include the following conditions: 1. All snow to be plowed away from survey line, to the south; 2. No utility poles to be on property north of survey line; 3. Water to drain away from survey line to the south; 4. Driveway to be five feet away from survey line; 5. Proper installation of driveway culvert at intersection with Breunig Road. The document submitted by the town, which was signed by the Wipperfurths, Al & Lori Breunig and Arnold Speth, requested that the above conditions be enforced by deed restriction. On March 1, 1999, the Roxbury Town Board rescinded their 12/21/1998 approval, including the 1/11/1999 Charles Breunig letter, and passed a resolution recommending approval with the following conditions (see 3/2/99 letter, attached): 1. That the northerly edge of the traveled portion of the driveway be at least four feet from the northerly boundary line of Lot 1 as shown on the Cheney Survey Map. 2. That the driveway be pitched to the south to cause drainage to flow to the south, away from the Speth property. 3. That snowfall be plowed, or otherwise removed to the south. At its April 13, 1999 work meeting, the ZNR voted 4-2 to recommend approval of Petition 7409, subject to the conditions recommended by the town. The County Board voted on April 22, 1999 to refer the matter back to the ZNR. 1