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OXLEY BRYNELSON,LLP <br /> Attorneys Since 1885 <br /> Zoning my parcel Agricultural has no rational basis. This property has no agricultural <br /> use, never has and never will. Zoning this particular parcel Agricultural deprives me of any <br /> reasonable use of this land and constitutes a"taking"without due process, nor just compensation. <br /> Because this is a rezoning Petition, it is not necessary for the owner to demonstrate the <br /> "hardship"set out in D.C.O. § 75.89. However,the uniqueness,topography,soils,etc.,of this parcel <br /> are significant to your consideration on whether an Agricultural zoning classification is unreasonable <br /> and an irrational exercise of the zoning power. Thus,a portion of what follows shows the singularity <br /> of this property,and the hardship created by a zoning ordinance restricting its use to agriculture. The <br /> law is clear: a court will overturn a zoning decision if the property is unfit for the use to which the <br /> ordinance restricts it. Cushman v. Racine, 39 Wis.2d 303 at 307 (1967). <br /> (1)There Is No Rational Basis to Zone the Walsh Property Agricultural:the Walsh Property <br /> Is Unfit for Agricultural Use. <br /> Attached as Exhibit A is a statement by land surveyor and professional engineer David <br /> Cheney; his findings include: <br /> • Walsh parcel is unique topographically in that 90% of its slopes are <br /> too steep to be usable or accessible <br /> • Walsh parcel's stark, steep relief is not shared by other homes on Hidden <br /> Valley Road <br /> • Walsh property does not have level areas reasonably accessible as do the <br /> surrounding properties on both Hidden Valley Road and Observatory Road <br /> -2- <br />