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DCPREZ-2014-10755
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DCPREZ-2014-10755
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Last modified
10/22/2015 10:18:20 AM
Creation date
10/22/2015 10:18:05 AM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
10755
Town
Christiana Township
Section Numbers
2
AccelaLink
DCPREZ-2014-10755
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Zoning Permits <br /> Various zoning permits have been issued over the years. The first permit was issued in 2004 for the <br /> construction of the soil testing business. <br /> A permit for the second building was issued in 2008. The permit states that building was to be used for <br /> contractors' storage building. The deed restrictions on the property allows for the storage of contractor's <br /> equipment. <br /> A permit was issued in 2011 for the third building. The zoning permit states that the building is a mini- <br /> warehouse with 4-units. In speaking with Dane County Zoning Inspector Schroeckenthaler, he stated <br /> that it was understood that the spaces were to be used for the storage of contractor's equipment and <br /> materials as noted in the deed restrictions. <br /> A permit was issued in 2013 for the fourth building. The zoning permit states that the building is a mini- <br /> warehouse with 6-units. In speaking with Dane County Zoning Inspector Sauer, she stated that it was <br /> understood that the spaces were to be used for the storage of contractor's equipment and materials as <br /> noted in the deed restrictions. <br /> In reviewing the layout of the most recently constructed building, it appears that the building can be used <br /> as an actual mini-warehouse for the storage of personal belongings. If used in this manner, this would <br /> be in violation of the deed restrictions and county ordinances. <br /> The site has a potential of having a fifth building on the property. The only restriction would be that the <br /> development would need to meet the maximum building coverage of 60%. <br /> Pending Violation <br /> Dane County Zoning Division conducted a site inspection on the property due to a complaint lodged by <br /> the Town. The inspection revealed that the property was being used for other purposes than what was <br /> listed in the deed restrictions. Land uses observed were as follows: soil testing business, coffee bean <br /> warehousing, trucking company, concrete contractor, electrical contractor, and personal storage of <br /> recreational equipment. Outside storage of materials was also observed. There were also two semi- <br /> trailers parked on site. <br /> Dane County Zoning Division has determined the activities listed below are violating the deed <br /> restrictions: <br /> 1. The outside storage of various materials. <br /> 2. The warehousing of coffee beans. This business would not be considered under storage of <br /> contractor's equipment/bulk fuel storage/building materials. <br /> 3. The operation of a trucking company. Dane County would define this activity as a truck terminal <br /> and is not listed under the acceptable land uses. <br /> 4. The personal storage of recreational equipment. Although the deed restriction lists parking and <br /> storing of motor vehicles, the zoning ordinance specifically defines recreational equipment as <br /> boats, snowmobiles, motor driven campers and motor homes. <br /> 5. The fourth building has been compartmentalized into small spaces with a single access via an <br /> overhead door. The current design meets the definition of a mini-warehouse and would be <br /> considered a violation of the deed restrictions. <br /> The specific language of the deed restriction notes, "Prohibit further division of the parcel". Although not <br /> addressed in the Notice of Violation, county staff is concerned that the recorded condominium document <br /> may violate the deed restriction. It appears by the creation of units, together with its undivided interest in <br /> a common element (land), for all purposes create the division of real property (Wisc. Stats. 703.04) . If <br /> Page 3 of 4 <br />
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