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DCPCUP-0000-01334
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CUPS 00001-02383
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DCPCUP-0000-01334
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Last modified
1/13/2016 2:23:32 PM
Creation date
1/13/2016 2:21:04 PM
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Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01334
Town
Berry Township
Section Numbers
3
AccelaLink
DCPCUP-0000-01334
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n <br /> 1 <br /> Town Board <br /> Planning Commission <br /> Page 2 <br /> April 30, 1996 <br /> removing all of the buildings from this parcel but for the existing single family residence <br /> at the south end of the lot, and transferring those buildings and the lands they occupy to <br /> the lands shown as Parcel C on the Plat of Survey. I have enclosed a sketch, labeled <br /> "Map B", showing the proposed boundaries of this new residential parcel. We would ask that <br /> this new CSM parcel be zoned Ag-2(2). <br /> As noted above, the current zoning on Lot 1, CSM 7403, is Ag-2(4). Given that this lot <br /> is only 2.98 acres, it is improperly zoned, since this classification requires a minimum 4.0 acres. <br /> This is the result of a rezoning done without our notice. The lands containing this parcel were <br /> once zoned Ag-2(4) at a time when a previous CSM containing this residence exceeded 4.0 acres <br /> in size. Apparently a Court determined that all of the Ag-2 zoning subclassifications in Dane <br /> County were illegally adopted and those classifications were voided out. Dane County <br /> subsequently re-adopted all of these zoning subclassifications, correcting whatever procedural <br /> irregularities had invalidated the earlier zoning. Parcels which had previously been zoned into <br /> these various subclassifications were replaced into those subclassifications, apparently without <br /> notice to affected property owners. <br /> During the period in which the old subclassifications were invalidated and prior to the <br /> readoption of those subclassifications, I obtained a new Certified Survey Map, number 7403. <br /> That map reduced the size of the previous residential parcel to 2.98 acres. I was told at the time <br /> that the property would be zoned RH-1, a legal classification for a parcel of that size. This is <br /> not what happened, however. I believe that this was an improper rezoning, given the change <br /> in the parcel's size during the interim of invalidity of those zoning subclassifications. <br /> Appropriately the parcel, given its size, should have been rezoned either RH-1 or Ag-2(2). <br /> II. SALE OF 63.88 ACRES, CONSOLIDATION OF AG BUILDINGS ON <br /> REMAINING PARCEL, AND REZONE PETITION WITH CONDITIONAL USE <br /> PERMIT TO CONFORM TO CURRENT USAGE <br /> We are planning a sale of approximately 64 acres of our land, shown as Parcel B on the <br /> enclosed Plat of Survey, to parties who intend to keep that land in Ag-1 Exclusive zoning. That <br /> sale will reduce the total of our remaining acreage in the two parcels referenced above to 20.01 <br /> acres. As noted above, we are asking to reduce the size of the existing CSM parcel from 2.98 <br /> acres to 2.01 acres. Assuming approval of that petition, the .97 acres removed from that CSM <br /> would need to be added to the remaining acreage containing the bulk of our horse/equestrian <br /> operations and buildings. Those remaining lands, 17.03 acres, are shown as Parcel C on the <br /> Plat of Survey. Once combined, those lands would total 18.01 acres of land. <br /> The .97 acres is currently zoned Ag-2(4), as noted above. The 17.03 acres is currently <br /> zoned Ag-1 Exclusive. Because the zoning of the two parcels is different, they cannot be <br /> combined without a rezoning so that all of the lands are zoned the same. <br />
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