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10/15/1998 10:25 608-257-1540 DANE CTV ZONING PAGE 02 <br /> (FAX 10/1511998,p.2) <br /> Note Also: The Deed Restrictions which apply to Rezone Petition#4373 include only <br /> A..1_ and 2. shown below in the Zoning Staff Report for Pet.#7360. The Covenants, <br /> which are recorded in the same document as the Deed Restrictions, are tine under the <br /> jurisdiction of Dane County Zoning,and cannot be changed by a mendi tg the Deed <br /> Restrictions. <br /> 2. 7360 :Evergreen I LLC,STS 19 Joint Venture,Windsor Rawl talky LLC,and <br /> Town of Burke(Glenn Hovde,agent—Hovde is a partner in one or more of <br /> these ventures),Burke O5 <br /> Pet 4373 to C-2 Commercial(effective 10115/1991)included lands later developed as the <br /> I ighway 19 Conunercial Plat.First Addition to Mghway 19 Commercial Plat,and 2nd <br /> Addition to Highway 19 Commercial Plat, and included the following Deed Restrictions; <br /> A. Use of the property is limited to the following: <br /> 1_ All uses permitted in the G1 Commercial district as of 6/3/)1 and as specified <br /> by Section 10.13 Dane County Code of Ordinances with the exception of Sections <br /> 10.13 (1)(g)rooming and boarding houses. <br /> 2_ All uses permitted in the C-2 Commercial district as of 6/3/91 1 and as specified <br /> by Section 10.14 Dane County Code of Oninances with the c xception of Sections <br /> 10.14(1)(e), (f), (g),(h), (i),(k),(1), (a),(p),(9)and(r)." <br /> Section 10.14(1)(g)listed above refers to"rental and leasing of mote r vehicles, <br /> contractor's machinery and equipment." Hovde would Lie to include:"rental and leasing <br /> of motor vehicles"as a permitted use in the above Subdivisions,while:still prohibiting <br /> 'rental and leasing of contractor's madiinery and equipment." <br /> Note: It appears that Hovde also wishes to change certain"n stations for <br /> building setbacks and parking lot setbacks along the Interstate High%ay and Exit Ramp <br /> for those lots along the highway and exit ramp"which were included as`Covenants'in the <br /> same document corded for the above Deed Restrictions. However; these are not <br /> considered binding under the Rezone Potion; the usual.County Zoo ing and Subdivision <br /> Plat setback and parking requirements are the only pees that would k e enforced for any <br /> Zoning Permit issued on these properties. It may be that the Covens its constitute legal <br /> requirements of the Plats under the Subdivision Ordinance. If so,the y would need to be <br /> amended under Subdivision Ordinance procedures. If the Covenants are not legal <br /> requirements of the Plat,but private restrictions,they may be amend:d by a separate, <br /> private recorded document_ <br /> Note' These properties are located in the Dane County Rafe anal Airport Height <br /> Restriction Area. <br /> h;\zoningtztrlfax7360.doc ✓ Z.e..e � ��-� <br /> • <br /> 3QAOH '8 HaAOH 6096 96Z t090 b 60 86/5T/O1 <br />