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• COMPOSITE REPORT Page 2 Application 6663 DANE COUNTY PLANNING DIVISION STAFF COMMENTS I.BACKGROUND A. The applicant is requesting a simple rezoning from A-1 Agricultural to R-3A residential zoning. The application indicates that this will provide zoning compliance for 2 existing duplex structures. No other hard information is provided in the application. More information could be obtained at the public hearing. Staff is aware through the Plat Review Office of some interest in creating separate lots for the property and this is the basic concern of staff in this application. At one time duplexes were legal in the A-1 district. The activity is a legal but a non conforming use at the present time. The Town originally required the applicant to reduce the size of the rezoning to the area of the present application as opposed to an originally larger 5 acre proposal. The Town was understandably concerned about opening additional area to a duplex classification. B. The entire property is set up high above the level of CTH T east-west and CTH T north-south. The areas immediately south,west,and northwest are presently in crops. The area east has 2 single family homes and the area north that sits up even higher has one single family home. The area at the south edge of the map is wooded. II.ANALYSIS A. The rezoning to obtain compliance is certainly correct and staff can see no reason not to approve this as island rezoning within an existing A-1 property. Since no Delayed Effective Date is proposed we assume that this simple action could be the result of the rezoning. We note that the history of this area is somewhat unusual in that development was contemplated with lots just over 5ac in the early 1970s. Originally the project proposed a subdivision but the City of Madison objected and the plat was dropped. In an apparent attempt to comply with rules that applied at that time documents were recorded which purported to divide the land into 5+ac lots thus not requiring county or city approval. Unfortunately for the developer most of the 5+ac lots were not created with the proper instrument and the county does not recognize most of those lots. Accordingly these two duplexes are on the same parcel so far as county regulations are concerned. We note that the side road going south from Forest Oak Dr.(in dashed line)is not a recorded street as of yet but may be recorded in the near future in any event through separate Town action. However this road does not service either of these duplexes although it could provide legal road frontage. Both buildings are served by a gravel drive on the west side of the buildings. Each of these buildings appears to be on what was going to be the 5+ac and are now on much smaller lots that are just over a half acre and were recorded as lots illegally. The status relative to recording does not necessarily relate to the proposed rezoning boundaries but consistency would be preferable B. The size of these illegally recorded parcels would probably have difficulty complying with Environmental Health standards if the duplexes were new. A portion of one of the drain fields was encroaching into the desired Right of Way for the north-south street noted in the dashed line. The Environmental Health comment is"The existing private sewage system must remain on the same parcel with the dwelling it serves". It would appear that the current status of the duplexes is adequate from and Environmental Health point of view. C. Dane County Highway comments relate to the County Highways in the area that should not be directly impacted by this rezoning. III CONCLUSIONS A. Staff would like to see the land division issues resolved on this parcel. If the applicant is considering anything other than just bringing the lot into compliance staff would suggest holding the rezoning until proposed land divisions in the area are reviewed. If a Certified Survey map will address the need of the applicant then a(Delayed Effective Date)DED would be an appropriate solution,although this could require some Right of Way Dedication to obtain road frontage. Review with the Town Chair indicates that the Town had very similar concerns regarding land divisions. The Town also believes that the applicant is