DCPREZ-2014-10755 - Laserfiche WebLink

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In 2010, Mr. Levake recorded an addendum to the condominium plat to add a third building on the property. The building housed an additional four individual ownership spaces. Also included as part of the condominium plat were the existing soil testing business building (first building) and another accessory building (existing farm building). The Condominium Plat now contained 9 defined ownership spaces. In 2011, Mr. Levake recorded another addendum to the condominium plat to reconfigure the ownership areas of the condominium plat. The third building was reduced into two ownership units and the soil testing building and accessory building were consolidated into one ownership unit. The revised condominium plat now contained 7 ownership spaces. In 2013, Mr. Levake recorded another addendum to the condominium plat added a fourth building on the property. The fourth building contained an additional 7 ownership spaces. This would bring the total ownership spaces to 14. With this current configuration, up to 14 separate owners could potentially be able to own a portion of buildings and operate a separate business from the property. Current Deed Restrictions Various deed restrictions were recorded on the property since 1995. Each recorded deed restriction had a specific boundary description assigned to it and specified the business operation allowed on the property. Given that the most current deed restriction identifies the current legal description, Lot 4 of CSM 11614, Dane County Zoning feels that this current deed restriction is the only one that applies to the property. The previously recorded deed restriction notes different legal descriptions that are now obsolete due to the subsequent recording of new certified survey maps. The current deed restriction on the property at 297 Rodney Road lists the following: • Limit uses exclusively to repairs, storage and service of contractor's machinery and equipment; bulk fuel storage, sales and storage of lumber and building material; and parking or storing of motor vehicles. • Prohibit outside storage • Prohibit further division of the property Permitted Land Uses When the approval was granted under petition #9346 in 2005, the deed restriction was drafted using the land use labels as found under the C-2 Commercial Zoning District. Minutes of the approval notes the listed uses found under 10.14(f)(h)and(q). These referenced land uses were used to describe the operations of the soil testing/excavating business. However, if one reads the deed restriction with plain meaning, one could assume that variously different uses could occur. As an example, the deed restriction lists the sales and storage of building materials. One would assume that a big box retail hardware store could be allowed on the property. This was clearly not the intent of the approval. Dane County Zoning believes that the deed restriction intended to allow a single use, being a soil testing/excavating business to occur on the property. Given that the deed restriction has some ambiguity, Dane County Zoning would interpret the deed restriction to mean that the property is to be used exclusively for a construction contractor office. This is based on information found under Zoning Petition #9346. The contractor business would be allowed to store building materials associated with the business along with associated vehicles and equipment. All operations, included storage, servicing of equipment, and parking would need to be conducted inside a building. The any division of the parcel is prohibited. Page 2 of 4