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DCPREZ-0000-07114
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DCPREZ-0000-07114
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Last modified
11/19/2015 12:26:09 PM
Creation date
11/19/2015 12:26:06 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07114
Town
Pleasant Springs Township
Section Numbers
8
AccelaLink
DCPREZ-0000-07114
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A conversation with the Zoning Department was summed up with the statement that the <br /> County would issue a zoning permit to anyone building on A-1 EX because Dane County <br /> Ordinances provide that a farm residence can be built on such land provided a family <br /> member receives a certain level of income from farming. It was also stated the County <br /> does not care about the density requirement because that was a provision of the Town <br /> Land Use Plan and that the Town could simply deny the rezone request and that would <br /> end the ability for the petitioners to build a second home on this 61 acre parcel. <br /> I agree that the Town should have denied the rezone. However, the County Zoning <br /> Department is incorrect when it states that the County has no concerns about the density. <br /> The density is part of the Dane County Land Use Plan and should be considered by Dane <br /> County staff who administer zoning ordinances. <br /> The petitioners continue to argue that simply getting A-1 EX zoning would allow them to <br /> build a second home. That puts the Town in a very defensive position especially when <br /> the County Zoning Department seems to be in agreement with them. However, I think this <br /> situation needs careful consideration. If this is allowed to occur then the density policy <br /> has no meaning. <br /> Look at the situation at hand. We start with a 61 acre farm on June 6, 1978. Clearly, the <br /> density provision only allows for one residence since the total acreage of the farm is less <br /> than 70 acres (2 X 35 = 70). The land was zoned A-1 EX because it is over 35 acres. <br /> The farm has a residence and set of buildings. Somewhere along the line 35 acres are <br /> sold. Those 35 acres are zoned A-1 EX . The remaining 26 acres are zoned A-2 <br /> because they are under 35 acres but still used for agricultural purposes. Now the 35 <br /> acres and the 26 acres are owned by the same person. The combined acreage returns to <br /> 61 acres, in fact, the same 61 acres of the farm as it existed on June 6, 1978. To be <br /> consistent with current zoning a farm of 61 acres would be zoned A-1 EX. <br /> The petitioners now want to build a second home on the 61 acre farm. The second <br /> building site would not have been available any time after June 5, 1978 according to the <br /> Land Use Plan. It is still not available without violating the current land use plan of the <br /> Town of Pleasant Springs and Dane County. If they wanted to build a second home on a <br /> 61 acre farm zoned A-1 EX they would have to demonstrate that a family member of the <br /> owner of the home derived the appropriate level of income from farming. It may be <br /> possible, but is unlikely on a 61 acre farm that both residences are for farm operators or <br /> even that a member of the family in each residence derives the appropriate level of <br /> income according to Dane County Ordinances. <br /> The policy of allowing a residence on A-1 EX land makes sense when one considers a <br /> large farm with brothers, fathers and sons, or other combinations of two families each <br /> deriving income from farming. Such situations are common throughout the county. I <br /> would speculate that most of them do not exist in a situation where the density is a <br /> concern but it might. If and when it does the policy "The density is limited to one <br /> residence per 35 acres of farm owned as of June 6, 1978." and the policy "Any <br />
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