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DCPREZ-0000-07357
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DCPREZ-0000-07357
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Last modified
10/30/2015 2:10:46 PM
Creation date
10/30/2015 2:10:33 PM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07357
Town
Christiana Township
Section Numbers
1
AccelaLink
DCPREZ-0000-07357
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Dane County Zoning and Natural <br /> Resources Committee <br /> November 7, 1998 <br /> Page 6 <br /> and Village planning policies, the subject parcel is better suited for commercial <br /> and other uses. <br /> 2. The Village Of Cambridge's Two Reasons For Opposition Are Not <br /> Relevant In The County's Zoning Process. <br /> The Village of Cambridge Plan Commission opposes the present zoning <br /> petition for two reasons: (1) "Seems to be in direct conflict with the Long Range <br /> Plan for the Village of Cambridge" and (2) "there is no infrastructure in that area." <br /> See Letter dated August 13, 1998, on behalf of Village of Cambridge Plan <br /> Commission. The Cambridge Village Board voted to "Support the Plan <br /> Commission recommendation as set forth in the minutes of 9-14-98." See Letter <br /> dated September 23, 1998, from Eileen M. Scott, Village President. The <br /> accompanying minutes of the 9-14-98 Plan Commission meeting reflect the two <br /> foregoing reasons for opposition. Neither reason for the Village's opposition may <br /> be used, expressly or implicitly, by the Zoning Committee in its zoning <br /> recommendation to the County Board. <br /> A. The Dane County Ordinances And The Village Long Range Plan <br /> Itself Exclude Consideration Of The Village's Objections Based <br /> On The Long Range Plan. <br /> The Dane County Ordinances ("DCO") specifically authorize the Zoning <br /> Committee to use only town plans approved by the county as criteria for zoning <br /> recommendations: <br /> (d) The Zoning Committee shall use plans and maps developed <br /> by individual towns and approved by the county board as criteria for <br /> zoning recommendations to the county board. <br /> DCO Sec. 10.255(1)(d) (emphasis added). This provision is mandatory. <br /> Use of non-town plans or of town plans not approved by the County Board <br /> is plainly not authorized as criteria for zoning recommendations by the Zoning <br /> Committee to the County Board. It would be contrary to law for the Zoning <br /> Committee to use the Village's Long Range Plan as criteria for its <br /> recommendation to the County Board regarding the present zoning petition. Thus, <br /> since the Village's written objections transmitted to the Zoning Committee are <br /> expressly based on perceived conflicts with the Village's Long Range Plan, the <br />
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