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. 4. <br /> Corporation Counsel <br /> � _ [1111 Cal W.Komstedt <br /> t 0 � Il Deputy Corporation Counsel <br /> P' - , OFFICE OF THE <br /> 0 A �_ �+ Rodney F.Knight <br /> Assistant Corporation Counsels <br /> 4� CORPORATION COUNSEL David R.Gault <br /> X11 <br /> Kit <br /> . awl �t� s Kristi A.Gullen <br /> ll11 ‘S-10 N SS Dyann L.Hafner <br /> Leslie A.Hamilton <br /> Linda C.Krueger <br /> Maureen A.Plunkett <br /> August 19, 1997 Arnold N.Rusky <br /> Galen G.Strebe <br /> Rebecca R.Weise <br /> H.Arleen Wolek <br /> Ms. G. Jeanie Sieling Child Support Agency <br /> Deputy Corporation Counsel <br /> Director, Dane County Planning & Development <br /> Merrily S.Burch <br /> Room 116, City-County Building Assistant Corporation Counsels <br /> Madison, Wisconsin 53709 dare Altschn <br /> � Donald L.Antoine <br /> Patricia Haraughty-Sanna <br /> Peter C.Williams <br /> Randy A.Woodford <br /> RE: Halverson Application for Zoning Change, #6967 Jerre L.Ziebleman <br /> Dear Ms. Sieling: <br /> You have requested an opinion on the legal issues raised regarding the Halverson <br /> rezone application. I have reviewed the submissions of the attorneys for Mr. Halverson, the <br /> Town and the neighbors. This opinion addresses the three issues raised by Attorney Boushea <br /> on behalf of the neighbors. <br /> Neighbors to the land in question claim that this application is barred by Dane County <br /> Ordinance section 10.255(1)(c). That section provides that "no petition for a change in the <br /> zoning district boundaries which has been denied by the Dane County Board of Supervisors <br /> shall be resubmitted for a period of one year from the date of said denial". Petition #6780 <br /> was denied by the Board on January 23, 1997. That petition, by the neighbors' own <br /> admission, was for a different location. That fact by itself means that section 10.255(1)(c) is <br /> not implicated. If this application is for a different parcel of property, it should not be <br /> considered a resubmission. <br /> The neighbors also argue that the application should be denied because it conflicts <br /> with the Town Land Use Plan. Dane County Ordinance section 10.255(1)(d) provides that <br /> "The Zoning Committee shall use plans and maps developed by individual towns and <br /> approved by the county board as criteria for zoning recommendations to the county board." <br /> But, the Town Plan is not binding on the Committee or the Board. If this application is found <br /> to conflict with the Town Plan that may be a policy or legislative reason for denying the <br /> application. The Plan does not, however, legally bind the committee. <br /> Finally, the neighbors correctly point out that an existing nonconforming use may not <br /> be expanded. On its face, this application seeks to change the zoning for a specific piece of <br /> 210 Martin Luther King, Jr. Boulevard, Room 419, Madison, Wisconsin 53709 <br /> Voice and TDD (608)266-4355 <br />