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Page 1 of 2 • Violante, Todd From: John Halverson phalvers @merr.com] Sent: Tuesday, March 19, 2002 12:08 PM w - s-�- , S To: violante @co.dane.wi.us _73 0 / o r � - -7 1(.1 P Subject: zoning petition no. 7370 -"-L FILE 3, saLuTS Pon. 7 37 0 John M Halverson 11'4 F 11,4 Land Surveyor --__ email: jhalvers @merr.com ,,,,*5 pe,,,s 1.-.1 '99 R Ep0121 Todd: // ` I stopped at the office on Monday but you were in a staff mee#Ing at the time. I wanted to discuss zoning petition no. 7370 with you as I believe you will be doing a report on it. I had a copy of a letter dated 11/5/98 from you but I can only find page 2. I believe it was after the last hearing we attended. We at this time are attempting to rezone a postage stamp 2.50 acre parcel which is located within the 37.84 acre parcel. There wasn't a DED included in this petition, only in the previous petition no. 7069. At the worksession meeting held last Tuesday night, in which Scott didn't bother to return calls from me to notify me of the fact we were on the agenda, the question of the driveway and DED I believe both came up. As in previous meetings and letters, we have explained that we don't own the entire access to Highway '14' and therefore are not able to proceed with a town road. We have invested a considerable amount of money in constructing a road to the 37.84 acre parcel which had an approved erosion control plan that should have answered any questions regarding erosion or water runoff. We have supplied the zoning office and you may have a copy of it, a sample road maintenance agreement which we use all the time in Iowa County and if fact, Iowa County requires maintenance agreements with all private driveways which are used jointly. They just adopted that last year, we have been using them for 20 years. The only reason, if I remember right, that we didn't agree to the Dane County maintenance agreement was the requirement of the million dollar insurance policy required by the County. I don't believe there was a single land owner in Dane County that signed and recorded the proposed maintenance agreement that the County wanted. It should be noted that this is our only access onto Highway '14'. We at this time are leaving the 18 acre parcel off of this zoning application because we aren't sure as to what will happen to it. We own I believe 50+ acres of land off of the original Strang property which is attached to this 18 acres. I have checked in the zoning book in the Town of Cross Plains regarding a parcel adjacent to property that I was surveying in Section 24, T7N, R6E. The parcel I question was land owned by W. Westphal located in Section 19, T7N, R7E in the NW 1/4-SW 1/4. He had a small parcel zoned A-1(2) per zoning petition number 7161. This petition was approved after our original zoning petition no. 7069. The only access he has, I believe, to the property is across lands owned by James Kirchstein in Section 24, Town of Vermont. The access road is a very narrow, steep private driveway which serves as access to a total of 4 parcels, 2 of which at that time had existing houses on. I would like you to check in the file for petition number 7161 and see if they were required to sign the proposed County maintenance form and if not, what did they come to terms with in order to get their zoning petition approved. As far as I'm concerned, our driveway is by far safer and much better than the Kirchstein driveway which accesses the Westphal property. Because that zoning petition was approved between our 7069 and the open 7370, they must have came to terms. I didn't have a chance to meet you Monday and that was one issue I wanted to look into. Possibly they signed the County maintenance plan. I would certainly like to see the resolution to petition no. 7161 and then discuss with our attorney if it would be acceptable for our parcel as well. There are probably other parcels in Dane County which have been rezoned with only having an access easement to a highway since we petitioned no. 7069 and 7370. I suspect that I may be going to the zoning office looking through more petitions that are similar to ours. The question of splits previously came up and the Town of Black Earth had advised the Zoning department of the fact we have 3 splits available yet. This parcel would use one, which would leave 2 remaining. We have in fact purchased the adjacent land previously owned by the Turks and described as CSM No. 9097. A maintenance agreement was previously signed for joint use of the driveway by the Turks and Larry Strang and was recorded as Document No. 3042177, a copy of which I can fax you if you want a copy. 03/19/2002