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03-12-1996 03:28PM P.02 <br /> • <br /> Mr. Lyman Anderson, Chairperson, <br /> Dane County Zoning & Natural Resources Committee <br /> Courthouse <br /> Madison, WI 53709 <br /> Re: Wisconsin Heights School District / CUP Application <br /> Dear Mr. Anderson: <br /> This is to advise the Zoning & Natural Resources Committee <br /> that the Town Board of the Town of Black Earth has reached <br /> agreement with the Wisconsin Heights School District to <br /> resolve the dispute which led the WHSD to seek a revised <br /> CUP. <br /> The WHSD was originally granted a CUP to build the middle <br /> school project. The Town Board was supposed to be granted <br /> site plan approval. Unfortunately, the Town was never <br /> allowed to approve the WHSD's site plan. The Town had <br /> several concerns about the manner in which the site was <br /> developed. The agreement provides: <br /> 1. The Town approves the location of the accessory <br /> building as proposed by WHSD, pursuant to the Town's <br /> authority under CUP 1156. <br /> 2. The Town and WHSD will work together in good faith to <br /> apply current safety and fire codes to the accessory <br /> building to the extent that the building can be modified <br /> without making it impossible or uneconomical for the <br /> accessory building to continue to be used as a school <br /> building. <br /> 3. WHSD agrees that the accessory building will be <br /> appropriately anchored to the ground to meet wind and storm <br /> safety requirements, and that suitable screening. will be <br /> installed around the accessory building. <br /> 4. The Town will approve the fill placed in the floodplain <br /> area, under its authority under CUP 1156, if the Dane County <br /> Land Conservation Department advises the Town that the fill <br /> poses no threat to the Black Earth Creek. <br /> 5. The Town does not waive or release its right under CUP <br /> 1156 to approve other elements of the site plan, including, <br /> but not limited to, the driveway constructed by the WHSD on <br /> Olson Road, which the Town contends was built without proper <br /> permits. <br /> The Town acknowledges that its site plan approval under CUP <br /> 1156 does not empower the Town to exercise permanent, <br /> ongoing review over the WHSD's operations. Rather, the Town <br />