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COMPOSITE REPORT-Page 2 Application No. 6687 DANE COUNTY PLANNING DIVISION STAFF COMMENTS BACKGROUND A. The site is in the town of Rutland, adjacent to highway 51. Part of the land is in a pending Deer Point Business Plat. B. The present petition is to amend deed restrictions of past petitions #6175 and#4520. C. The site has had many applications in the past: In 1989: To rezone petition#4520 from A-1EX to A-B, A-2 and C-2 with CUP for SFR in C-2 #748. To have two businesses: a plumbing a feed and seed business, and a lawn care business. In 1993: New CSM#7040 to create two lots from one lot CSM#5906 and zone both lots C-2 with CUP for residence#4520/#748. Purpose of division unknown. In 1995, 6/27. To rezone#6175 from C-2 and A-2 to R-1, A-2(8) and C-2, to expand commercial area and make existing residence a conforming use. Ten commercial lots with limitations of uses were approved and with limitations on further division. In 1996, 2/19. To rezone#6512 from C-2 to R-1. To attach driveway strip to adjoining residence to the west. In 1996, 2/28. New CSM#8116 filed,three lots. Purpose of CSM unknown. II. ANALYSIS A. In the past, there have been many problems with legal descriptions of CSMs and deed restrictions. The owner's attorney and the town of Rutland attorney have been working closely on correcting existing deed restrictions to reflect present uses and permit proposed uses. B. The LACK OF ACCESS to the remaining lot in A2(8) is a major problem from a planning standpoint. The area of the lot is approximately 15.06 acres. By leaving the remaining lot more than 15 acres in size, a CSM is not required and therefore,the owners avoid the state requirement of having to provide an access to the lot. If a parcel has no access at all and the site is built,to retrofit an access is always a major problem. Now it is the appropriate time to plan to continue Deer Point Drive or provide a turn in Oak Opening Drive to access the remaining—15 acres parcel. C. The Town Board and the Town Planning Commission on October 15, 1996 approved#6687 unanimously.