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COMPOSITE REPORT - Page 2 APPLICATION NO. STAFF COMMENTS ZONING REVIEW 7. 7471 Marlin Barsness Black Earth 33 A-1EX to RH-2 Previous Pet 7323 by Barsness to rezone the same existing 17.5 acre A-1EX parcel from A-1EX to RH-1 and RH-2, creating 4 lots (one(1)RH-1 lot of 3.0 acres;and three (3)RH-2 lots of 4.0, 4.0, and 6.5 acres)was withdrawn 08/21/1998. Barsness is reapplying,this time hoping to create four(4)RH-2 lots: three(3)lots of 4 acres, and one(1)lot of 4.5 acres, for the same purpose as stated before--as ofuture homesites for our two children, also for a retirement homesite for ourselves.o Note that the existing Barsness residence is on proposed Lot 1 (the Westerly 4 acre lot.) Note: Copy of oResolution[by the Town of Black Earth]Adopting Clarification to Land Use Plano dated 7/1/97 in file appears to give Barsness the right to four osplits.o Note: An intermittent stream flowing N to Black Earth Creek has its headwaters directly across CTH F from these parcels. REGIONAL PLANNING Petition 7471. This proposed nonfarm residential rezoning appears to conflict with adopted town/county policy in the Town of Black Earth. Since this is a substandard parcel (a parcel of less than 35 acres in size which existed prior to June 3, 1981),this parcel(18 acres)is subject to the following policy: "The owner of a parcel or contiguous parcels totaling two(2)to thirty-five(35)acres may create one residential dwelling lot." As of June 3, 1981, county records indicate that this was a 17-acre substandard parcel. We note that the Town of Black Earth Board adopted a"Clarification of the Land Use Plan"(7/1/97) in relation to Petition 6829 (1/28/97) and they have indicated that it applied to Petition 7323 (8/25/98) and now to Petition 7471 (2/23/99). The"Clarification"states that Mr. Barsness purchased a 6-acre parcel in 1969 and another 12-acre parcel in 1997. They find that these are two separate parcels and therefore should each be allowed to be divided which would result in the four lots requested by the applicant. The Dane County Zoning and Plat Review staff have found that as of June 3, 1981,this was one substandard parcel. The Plat Review Officer found that the 6-acre parcel had been created in 1969 and was therefore a non-conforming or substandard parcel. In 1977 there were 12 acres purchased from an adjoining owner and added to the 6-acre parcel, which did not require a CSM. Since the 6-acre parcel and 12-acre parcel were combined in 1977,the entire parcel is considered one entity. Therefore, as of June 3, 1981, there was one parcel of less than 35 acres, and one residential lot can be created under the policy. Thus, rezoning to RH-2, which would allow 4 lots, conflicts with the adopted town/county policy. ENVIRONMENTAL HEALTH (septic, etc.) None DANE COUNTY HIGHWAY COMPOSITE REPORT - Page 3 APPLICATION NO.