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D .11 g UJJI TOWN OF BERRY JAN 2 4 1996 Li DANE COUNTY WISCONSIN January 22, 1996 D.C.PLANNING &DEVELOPMENT ary , ZONING DIVISION Dane County Zoning Re: Ron Ballweg Attn: James Gregorius 8090 CTH K, Section 24 Room 116 Parcel#0807-242-8200 210 Martin Luther King,Jr. Blvd. Madison, WI 53709 Dear Sir, You are aware of Mr. Ballweg's recent request to rezone his five acre parcel in the Town of Berry from LC-1 to C-2. The Town of Berry denied Mr. Ballweg's request. However, we do have some concerns and since he is a business man is the Township and has furnished us with a long list of area residents where he has completed various types of construction/repairs,we are wondering if there is some way we can assist him. The Town Board did view the property on January 6th and felt that a lot could have been done to clean up the area to show'cooperation and intern to improve'. It was the decision of the Board and legal counsel that the LC-1 zoning was consistent with the Town Land Use Plan. The big problem in Mr. Ballweg's case appears to be, in the most part, Section 10.141 (1)(b)of the Zoning Code whereby he is restricted to 12 items of equipment. In discussing this issue, we have a number of questions. First and foremost is whether Mr. Ballweg can apply under LC-1 for a variance to increase the number of the pieces of equipment allowed. We would have to agree on the figure. We also need to clarify just what constitutes a"piece of equipment". Do employe personal vehicles count when parked on the property for a day or so? What about Mr. Ballweg's personal vehicles or those of his family when they are clearly not used in the construction business? Mr. Ballweg's request for C-2 zoning included a number of areas where we had problems. The first was C-2 (1)(b)Major repairs to motor vehicles;his reasoning was to be able to fix personal and business vehicles because(1)(f) states repairs, storage and service of contractor's machinery and equipment,while not referring to motor vehicles. It seems to me that this is covered under the broad statement in 10.141 (1)(a)General, mechanical and landscape contracting businesses and buildings used in connection with such activity. Since Mr. Ballweg has his residence on the property, it would seem like that is sufficient to allow him to repair his own personal family vehicles if he so desires or is my interpretation wrong here?