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M&�DBEsr <br /> &FRIEDRICH Dane County Zoning <br /> ''mmysaLw and Natural Resources Committee <br /> August 5, 1997 <br /> Page 2 <br /> condition which, on its own, justifies consideration by the <br /> Committee. <br /> Attorney Boushea' s second point is equally unfounded given the <br /> approval of this application by the Town of Albion Planning <br /> Commission and Town Board. Attorney Boushea characterizes Mr. <br /> Halverson' s application as "destroy [ing] the rural character of the <br /> community" and creating isolated commercial development . It is <br /> important to remember that Mr. Halverson' s proposal relates to an <br /> area that is currently being operated as a quarry with legal non- <br /> conforming status . This is not being used as agricultural land and <br /> the rezone is not intended to open the land to other approved C-2 <br /> uses . Mr. Halverson has embraced appropriate deed restrictions for <br /> this rezone to ensure that other C-2 uses will not be permitted. <br /> He simply wishes to operate his truck shop on the land that <br /> currently comprises the quarry where his trucks are primarily used. <br /> The staff report raises no serious objection to this rezone <br /> and appropriately notes that the size of the proposed area is <br /> reasonable and that a deed restriction limiting the use to a <br /> trucking business would be compatible with the area. <br /> Attorney Boushea' s third argument ignores the procedure that <br /> Mr. Halverson has invoked. He is not seeking to expand his legal <br /> non-conforming use, but is seeking to rezone the area to allow a <br /> different use under the approved zoning classification. There is <br /> nothing surreptitious or machiavellian about Mr. Halverson' s <br /> application. He recognizes the limitations of his non-conforming <br /> use and seeks permission to legally use a small portion of that <br /> land to consolidate his business and continue to contribute to the <br /> Town of Albion and Dane County. <br /> When the residents who are objecting moved into the area, the <br /> quarry was operating and continues to operate . Mr. Halverson' s <br /> proposal does not effectively change the character of this <br /> neighborhood and is a reasonable and limited request . We <br /> respectfully request that the rezone application be approved. <br /> Sincerely, <br /> MICH> , S IEDRICH LLP <br /> Thomas ' Heneghan <br /> TPH:mt <br /> cc : Jon Halverson <br /> Attorney Leighton W. Boushea <br /> e:\xf\client\51257\0001\mvt3584.w5218/5/97 <br />