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MEMORANDUM--FEBRUARY 17, 1998 <br /> FROM: Kris Schutte <br /> TO: Ron Martin <br /> RE: Further Information on Rezoning, Certified Survey Map, and Zoning Permit <br /> Requirements for 7456 Lee Road <br /> Ron, <br /> After we spoke on the phone this morning, I discussed your situation with Zoning <br /> Administrator Jim Gregorius and Assistant Zoning Administrator Steve Reynolds. They <br /> agreed with Norb Scribner's opinion that your parcel(Tax Parcel Number 11-0908-081- <br /> 9430-1)must be rezoned because a Certified Survey Map(CSM)is required to rectify the <br /> illegal creation of the parcel. Certified Survey Maps can only be recorded on parcels of <br /> land which are appropriately zoned. The existing A-1EX Agriculture Exclusive Zoning <br /> district is not appropriate for a parcel of 2 acres. (The minimum parcel size under A-1EX <br /> is 35 acres.) <br /> I obtained a copy of the document you mentioned(No. 1280404). It was recorded <br /> January 4, 1971, without a CSM. Under State law and Dane County Ordinance, after <br /> May 21, 1970, all new parcels of land of less than 5 acres required a Certified Survey <br /> Map. So unfortunately it does appear as if your parcel was created illegally. Because <br /> your inquiries about rebuilding your fire-destroyed house, and your need to obtain a <br /> Zoning Permit for it have disclosed the illegal creation of the parcel, we have no choice <br /> but to require that the zoning status and land division status be brought into conformity <br /> with today's County Ordinances. <br /> Jim,Norb, Steve and I all sympathize with your predicament and your need to proceed <br /> with the new home construction as soon as possible. Jim and Steve suggested that there is <br /> a slight precedent under which you might agree to sign a"hold-harmless" agreement <br /> prepared by the Dane County Corporation Counsel. This agreement would essentially <br /> recognize that you plan to begin building at your own risk without a Zoning Permit, after <br /> having filed an Application to Rezone with Preliminary Approval by the Town of Dane. <br /> In return, Dane County would agree not to issue any Stop Work Order as long as the <br /> Rezone process was in progress. You would be required to obtain the Dane County <br /> Zoning Permit for the new house as soon as the Rezone became effective. <br /> Ron, how does this sound to you? If it is acceptable, we can have the agreement <br /> described above drawn up. Perhaps this eliminates the need to meet with Jim and Norb; <br /> however, if you wish, they would be willing to meet with you tomorrow afternoon, <br /> Wednesday,February 18, 1998 at 2:00 PM in Room 116 of the City-County Building. <br /> Please let me know your wishes -- call me at 266-9084 (or call Jim at 266-9083.) <br /> Cc: Jim Gregorius,Norb Scribner <br />