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DCPCUP-0000-01314
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CUPS 00001-02383
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DCPCUP-0000-01314
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Last modified
12/23/2015 1:31:35 PM
Creation date
12/23/2015 12:10:58 PM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01314
Town
Black Earth Township
Section Numbers
22
AccelaLink
DCPCUP-0000-01314
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Mr. Gary P. Gunderman, Director <br /> February 1, 1996 <br /> Page 2 <br /> 4 . A site plan of the School Site, drawn to scale, <br /> showing all of the items required under the County's <br /> CUP application form (e.g. , location of buildings, <br /> access points, etc. ) , attached as Exhibit C. <br /> The reason for this request is based upon the County <br /> staff's interpretation of C.U.P. Condition No. 11 that any <br /> change or modification to the site plan approved under the <br /> original C.U.P. must receive approval from the Town Board of <br /> Black Earth. The School District does not object to local <br /> review and an opportunity to comment upon proposed plans. <br /> However, a requirement to receive Town Board approval <br /> constitutes a veto power over necessary District activities <br /> which is simply unworkable due to the Town Board's refusal to <br /> approve any and all modification requests submitted by the <br /> School District. <br /> For example, the School District has requested <br /> permission to relocate a building currently located on the <br /> School Site (but designated for removal under the original <br /> C.U.P. ) to operate a special education facility which is <br /> desperately needed to service various students living throughout <br /> the School District. A valid zoning permit application for the <br /> special education facility was accepted by the County on <br /> September 26, 1995. A special meeting of the Town Board was <br /> held at the School District's offices on November 3, 1995 to <br /> discuss this matter during which individual Town Board members <br /> indicted "no objection" to the special education facility other <br /> than compliance with standard health and safety codes. This <br /> meeting was recorded, and the tapes are presumably in the <br /> possession of the Town Clerk for verification. Despite the <br /> statements of "no objection, " the Town Clerk issued to the <br /> County a letter dated December 6, 1995 demanding enforcement for <br /> removal of this facility. The actions by the Town Board have <br /> forced the School District to cancel certain special education <br /> programs for the 1995-96 school year. Copies of the zoning <br /> permit application, the Town's enforcement letter and the School <br /> District's plan of operation for the special education facility <br /> are attached as Exhibit D. <br /> As another example, the School District has requested <br /> a modification of a floodplain fill permit (Permit No. FP3526) <br /> based upon work conducted in the Summer of 1994. Apparently, <br /> site conditions required a slight modification of the dimensions <br /> of an area to be filled (400 x 120 vs. 520 x 70) . Even though <br />
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