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BELL, GIERHART & MOORE, S.C. ROGER L. GIERHART LAWYERS SUZANNE E. WILLIAMS JOHN M. MOORE W. SCOTT MCANDREW 44 EAST MIFFLIN STREET HUGH H. BELL STEPHEN E. EHLKE STEVEN J. CAULUM P.O. BOX 1807 MARK B. HAZELBAKER WARD I. RICHTER JEANNE M. ARMSTRONG WILLIAM A. ABBOTT MADISON, WISCONSIN 53701-1807 BRUCE F. ANDERS JOHN W. MARKSON 16081 257-3764 COURT COMMISSIONER GLEN H. BELL WILLIAM C. WILLIAMS FAX 1608) 257-3757 11902-19881 Direct Line (608)259-2323 May 27, 1998 Mr. Steven Frame Chairman Town of Vermont 3565 Ryan Road Blue Mounds, WI 53517 Re: Tyrol Basin Agreement and Zoning Questions Our File No. 045220 Dear Chairperson Frame: This is in response to a letter sent to me by Supervisor Lori Thein Brody concerning appending zoning requests filed by Tyrol Basin Corporation seeking rezoning of a parcel of land from AE1 to RE1. Apparently, Tyrol Basin Corporation requests that the rezoning be granted without conditions. It is also relevant to this letter to note that there have been two memoranda of understanding executed between the Town of Vermont and Tyrol Basin Corporation concerning the uses to which the property owned by Tyrol Basin Corporation would be put. Those contracts are obligations of Tyrol Basin Corporation. They are not, however, binding servitudes or restrictions upon the property. It is conceivable that Tyrol Basin Corporation could convey the property to another owner, which would have no obligation to honor the existing memoranda of understanding. It is conceivable even that the land might be sold to another corporation owned by the same shareholders which would not be bound by the agreement. I do not presume that the current shareholders have such an intention, but the concern identified in the letter to me was for the protection of the Town over the long term. To that end, I would be strongly adverse against approving any rezoning to RE1 without some specific limitations.'A review of the text of the zoning ordinance shows that the RE1 recreational district, Section 11710, Dane County Code of Ordinances, has four major permitted uses. The principal permitted use is for"recreation facilities" which includes golf courses, driving ranges, tennis courts, archery ranges, and baseball diamonds. It also allows for boat, canoe, and snowmobile rental services, sale of bait for fishing, ski slopes and jumps, and toboggan slides. There are also six conditional uses which include sale of alcoholic beverages by the drink; skeet, trap, rifle and pistol ranges; private hunting and shooting preserves; governmental uses; and other recreational facilities which are lighted during hours of darkness.