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taut of *giant b U � DANE COUNTY, WISCONSIN F cam ' 6 IN 1.) OFFICE -0F THE CLERK D.C. PLANNING & DEVELOPMENT 4177 old Stage Road ZONING DIVISION Brooklyn, WI 53521 September 12, 1996 Norb Scribner Dane County Zoning City County Building - Room 116 Madison, WI 53709 RE: Byron Kenyon Property Dear Norb; Please relay this letter to the Zoning Committee and any other persons you feel would be appropriate. At the regular monthly Town Board meeting held on September 4, 1996, the request to accept the private driveway accessing the Byron Kenyon property as a Town road was addressed. This 33 foot driveway is the only access to the property from Stone Road. Brian Duertschi, agent for Mr. Kenyon, has been attempting to divide this property to create a second homesite through Petition 6316. The Town had requested a legal opinion from its attorney Tom Wilson of Stafford, Rosenbaum, Rieser and Hansen. Based on this opinion, the Town Board denied this request to accept the driveway as a substandard Town road because of many issues and concerns. Mr. Duertschi was advised that the Town Board feels that this issue is matter between Dane County and Kenyon; he was further advised that he could check into appealing the county's denial of a waiver (variance) with the Board of Adjustment; lastly, the Town would like to reiterate it' s approval of the creation of a second homesite expressed in both the letter dated June 11, 1996 and the revised Town action report for Petition 6316 dated June 12, 1996. The only condition of approval placed on Petition 6316 by the Town was a deed restriction stipulating no further homesites would be allowed after the creation of the second homesite. There is no reference to a driveway waiver in the revised Town action report. Copies of both of these documents are enclosed. It should be noted that this requested division or creation of a second homesite does comply with the Town of Rutland Land Use Plan.