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DANE COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT STAFF REPORT: PETITION#7016 L BACKGROUND A. Request William Garfoot is petitioning to rezone a.7 acre parcel from A-1 Exclusive Agricultural to R-3A Residential. This parcel will be attached to an existing.3 acre parcel on the same property. Mr. Garfoot intends to construct a two-family duplex residence on the combined 1-acre parcel. B. Site/Location Information The property in question will have a combined frontage of approximately 450 feet on the north side of Dairy Ridge Road. There is an existing home on the site(see photo in zoning file)and a designated area suitable for a mound septic system to serve a 2-bedroom residential structure. C. Other approvals required An approved certified survey map will be necessary to create the.7 acre lot. If this petition is approved,a delayed effective date should be used to allow for CSM approval. II. ANALYSIS A. Compliance with Plans/Ordinances The Town of Springdale Land Use Plan requires a minimum lot size of one acre for residential development in an exclusive agricultural zoning district. The plan makes no mention of duplexes whatsoever,and so would appear to make no distinction between single-family and multi-family residential development. It could be argued that the impact of a two-unit duplex of one bedroom per unit is not significantly different from that of a single-family home. B. Significant Environmental issues The soils on the site will only support an on-site wastewater treatment system for a two-bedroom structure. This would limit the proposed duplex to one bedroom per dwelling unit. C. Town Action The Town of Springdale voted to approve the petition,subject to the condition that"the duplex shall contain only one bedroom on each side." Conversations with the town clerk of Springdale indicate that the town intended this condition to limit the structure to one bedroom per dwelling unit(two bedrooms total), and did not intend to prescribe where within the structure the bedroom should be located. D. Other significant issues At the January 6, 1998 meeting,the ZNR asked for clarification as to whether limiting the number or placement of bedrooms was an appropriate use of conditional rezoning authority. County Corporation Counsel offered the opinion that such conditions are appropriate,provided they serve a legitimate purpose (see e-mail dated 1/14/98,attached). Limiting the total number of bedrooms to meet state septic code requirements is certainly a legitimate public purpose. III. CONCLUSIONS A. Summary of main issues/findings Although the Springdale Land Use Plan is silent on duplex development,the request would appear to be consistent with the overall purpose of the plan. The combined lot will satisfy the town's density requirements,and there do not appear to be any other significant unresolved issues. B. Suggested conditions of approval If the committee decides to approve the request,it may wish to consider including the following condition (note that this wording differs from that recommended by the Town of Springdale): • The structure shall not exceed a total of two bedrooms.