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DANE COUNTY PLANNING N ,lity ING DEVELOP trig ' e Room 116, City-County Building, Madison,Wisconsin 53703 Fax (608) 267-1540 TO: Christiana Town Board Members, Supervisor Robert Salov FROM: Roger Lane, Dane County Zoning Administrator CC: Supervisor Robert Salov, Jeff Levake, Christiana Town Clerk SUBJECT: JCL Rentals (Jeff Levake) request to amend deed restrictions, Petition 10775 DATE: December 12, 2014 I have been asked to provide a summary report of the zoning on the property located at 297 Rodney Road in the Town of Christiana. This report includes the pending violations and possible solutions. History: In 1979, the Town of Christiana began participating in the State Farmland Preservation program. At the time, the original Johnson property consisted of 240 acres. The entire farm was rezoned to the A-1 Exclusive Agriculture Zoning District and subject to the density policies found in the Town Comprehensive Plan. In 1995, 14.5 acres of the Johnson farm (east of Rodney Road) was rezoned from A-1 Exclusive zoning to C-1 Commercial zoning. The purpose was to construct a bed and breakfast establishment with surrounding business amenities. The zoning was approved but the land use was limited to banks, offices, rental businesses, sales of lawn and garden equipment, and bed and breakfast establishments. The bed and breakfast establishment never transpired and the land was left vacant. In 2003, the Town amended the Town Comprehensive plan to count commercial development has a development right (split) under the density policies. Any commercial lot created through a certified survey map (CSM) after January 14, 2003 would count as non-farm development. In 2004, 2 acres of the 14.5-acre C-1 property was rezoned to C-2 and sold to Jeff Levake. The purpose was to construct a building for a soil testing and excavation business. The zoning was approved with the land use limited to a soil testing/excavation business. The Town Action Report also stated that no further "splits" (divisions) were allowed on the property. The first building was constructed on the property. In 2005, an additional 2.4 acres was requested to be added to the Levake property. The letter of intent stated the expansion was for the future use by the soil testing company. The zoning was approved with the land uses limited to the storage of contractor's machinery and equipment, sale and storage of building materials, and parking and storage of motor vehicles to this newly created 4.4 lot. The approval also prohibited outside storage of materials and any division of the property. In 2008, a second building was constructed on the property for contractor storage facility. At the same time, Mr. Levake recorded a condominium plat on this particular building. Please note that the recording of a condominium document is not reviewed by the Town or County. The condo plat allowed Mr. Levake to sell individual portions of this building to other people. Although the owners would be part of one entity (condominium association), the spaces could be owned and operated as separate businesses. The condominium plat consisted of four individual ownership spaces (Units 1 through 4). Page 1 of 4