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JONATHAN M. HAJNY <br /> ATTORNEY AT LAW <br /> TELEPHONE AND FAX <br /> 109 SOUTH MAIN STREET <br /> 608/835-5771 <br /> OREGON, WISCONSIN 53575 <br /> June 5 , 1996 <br /> Mr. Larry Sherven <br /> SherData Services <br /> 2801 West Beltline Highway <br /> Suite 200 <br /> Madison, Wisconsin 53713 <br /> Re: Sherwood Driveway <br /> Dear Larry: <br /> I have looked into the issue of who should enforce the failure of the <br /> l_/l/E -ds to construct a driveway for their home onto Nessa Road and <br /> terminate their use of the driveway that exits onto Ridge Drive. <br /> I have checked into this matter with the County, and they have advised <br /> that they do not issue occupancy permits. They do issue certificates of <br /> compliance, but in some areas they are backed up by two years making <br /> occupancy dependent upon them impractical. I was advised that the Towns <br /> issue the occupancy permit. I do not have at my disposal the full set <br /> of Township Ordinances to know whether or not the Town issues such a <br /> permit, but you may wish to check on that. <br /> The County did state that they would enforce their Zoning Ordinances <br /> however, and, specifically, Dane County Ordinance Amendment No. 6478 <br /> which required the Sherwoods to record within 90 days of its adoption a <br /> restriction on the land requiring the driveway to enter from Nessa Road. <br /> This violation causes the rezone from R-1A and C-2 to RH-1 to be null <br /> and void which they also would enforce. <br /> If the restrictions were in fact recorded, the County would also be in a <br /> position to enforce the restrictions because the Ordinance states that <br /> the restrictions run in favor of the County, the Township, and all <br /> owners of land within 300 feet of the site. <br /> The Town could also enforce its Driveway Ordinance No. 93-1 against the <br /> 4 erwouds, but to be most effective it would probably be wise to include <br /> in the enforcement actions Grant Slotten over whose land the driveway <br /> runs. The penalties include a fine equal to three times the fee charged <br /> for the permit application, whether or not that fee has been paid, and <br /> the owners of the land can be required to make any corrections indicated <br />