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Dane County Planning & Development <br /> M # Room 116, City-County Building, Madison, Wisconsin 53709 Land Division Review <br /> �t t„I r 608/266-9086 <br /> Property Listing <br /> July 7, 1998 608/266-4120 <br /> Surveyor <br /> 608/266-4252 <br /> Attorney Bruce Kaufmann Zoning <br /> 122 W. Mifflen 608/266-4266 <br /> Madison, WI. 53703 <br /> RE: Amending Deed Restrictions <br /> Dear Attorney Kaufmann: <br /> This letter is being prepared in response to your request to place an item on the Zoning <br /> and Natural Resources Committee agenda for July 14, 1998. The item is by Fish Lake <br /> Development LCC to amend the deed restrictions of rezone petition#6083 and # 6461 <br /> located in the Town Roxbury. Your position, in apparent consultation with Corporation <br /> Counsel, on this issue is that amending a previously approved deed restriction does not <br /> have to go through a process similar in nature to that of a rezoning petition. That there is <br /> no special format for the process other than being placed on the Zoning and Natural <br /> Resource Committee agenda. <br /> I agree in the fact that there is no particular process specified other than it be "similar to a <br /> rezoning hearing". However there is no indication whatsoever in the ordinance that this <br /> process cannot be same as the rezoning process. This is the position that has been taken by <br /> the department and will continue to be the position unless the ordinance is amended to <br /> reflect a specific direction for the process of amending deed restrictions. <br /> That in fact the process for the amending of a deed restriction has been treated exactly the <br /> same way as a rezoning petition in the fact that there is a class II notice, notification to <br /> adjacent property owners, notification to the towns and a public hearing. It appears that if <br /> the aforementioned process were not utilized it could circumvent the entire public input <br /> process as was involved when the original petitions and deed restrictions were approved <br /> by the committee. It would certainly eliminate individual town input and concerned citizen <br /> input unless they happened by chance to see a copy of the committee agenda. Therefore <br /> this item will not considered at the July 14, 1998 Zoning and Natural Resources <br /> Committee but will be heard at the July 28, 1998 meeting for which it was originally <br /> scheduled. <br /> Sincerely; <br /> _- <br /> James Gregorius <br /> Dane County Zoning Administrator <br /> cc: Jeanie Sieling <br /> Cal Kornstedt <br />