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rJ�1` Op43 4� Corporation Counsel <br /> �l$ OFFICE OF THE Cal W. Kornstedt <br /> CORPORATION COUNSEL <br /> it'39 <br /> alai <br /> Scora4 <br /> ._ ._y......- r __ <br /> 1 <br /> i <br /> • <br /> TO: James Gregorius �- -- <br /> iD.L. PLANNING & DEVELOP :72.7 <br /> FROM: Cal Kornstedt ZONING DIVISION <br /> RE: Amending Deed Restrictions • <br /> DATE: June 26, 1998 <br /> I am reducing to writing my understanding of your position on the process for <br /> amending deed restrictions. as well as my position on same. <br /> Your position: <br /> As I understand it, you require that the process to amend deed restrictions <br /> requires (1) a petition: (2) a public hearing; (3) publication of a statutory class 2 notice <br /> of the public hearing; (4) county board approval; (5) review by the executive: and (6) the <br /> consent of the town(s) involved. In essence. you treat a request fcr amending cr litho <br /> deed restrictions exactly as you do zoning amendments. <br /> My position: <br /> °.�.nic'.� s <br /> Opposed to this is the language of s. 10.233 (3)(b), D. C. Oros.. pro�.ide <br /> material part that "[t]he covenant controls snail be amendable or repealable upon p c!- <br /> of the owner of the lands subject to the controls, and approval by the counJc.' ooarc cOer <br /> hearing similar to a rezoning hearing." I believe this language is clear anc unambiducus <br /> and it does not require anything more than a hearing and action cf the county beard <br /> There is no special format for the hearing (other than that it be 'similar to a rezoning <br /> hearing'), and it does not need to be preceded by publication other than noted as a <br /> public hearing on the ZNR agenda. <br /> ZON9807 <br /> m 419, City-County Building, 210 Martin Luther King, Jr. Boulevard, Madison, Wisconsin 53709 60E/266-4355 <br />