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�)I��� Ill Corporation Counsel <br /> �,it Cal W.Kornstedt <br /> r'. 411"W OFFICE OF THE Deputy Corporation Counsel <br /> I i Rodney F.Knight <br /> ylilil 4 ��a <br /> WI se s/ CORPORATION Assistant er <br /> ORATION COUNSEL David R.Gault oration Counsels <br /> David R.Gault <br /> it,\ N.s Dyann L.Hafner <br /> Leslie A.Hamilton <br /> Linda C.Krueger <br /> Maureen A.Plunkett <br /> February 28, 2001 Arnold N.Rusky <br /> Galen G.Strebe <br /> Rebecca R.Weise <br /> Mr. James Gregorius H.Arleen Wolek <br /> Dane County Zoning Administrator Child Support Agencv <br /> Rm. 118, City-County Building Deputy corporation Counsel <br /> Madison, WI 53709 Merrily S.Burch <br /> Assistant Corporation Counsels <br /> Clare Altschuler <br /> Donald L.Antoine <br /> RE: Ord. Amend. No. 6101 Patricia Haraughty-Sanna <br /> Peter C.Williams <br /> Randy A.Woodford <br /> Dear Mr. Gregorius: Jerre L.Ziebelman <br /> You have requested my opinion as to whether Zoning Ordinance Amendment 6101 became <br /> effective subsequent to its enactment. It is my opinion that the condition imposed upon the <br /> owners of the property was an invalid exercise of conditional zoning under the Zoning <br /> Ordinance. But, the condition was an integral part of the amendment as adopted by the <br /> County Board and approved by the Town of Dunn. Therefore, it is my opinion that the <br /> rezoning did not become effective due to noncompliance with the condition. <br /> Conditional zoning is authorized by D.C. Ord. §10.255(3). Subsection (a)2 provides that: <br /> The zoning committee may recommend and the county board <br /> may adopt an ordinance effecting an amendment of the zoning <br /> district map containing the condition that the change in the map <br /> will take effect on such date occurring within a specified <br /> number of months of the date of county board approval of the <br /> amendment when a restrictive covenant has been recorded <br /> binding the property to conditions specified in the amending <br /> ordinance, and in the event such covenant is not recorded by <br /> the end of the specified time period, the possibility of making <br /> effective the rezoning will then be terminated. <br /> (emphasis added) <br /> The condition that was imposed in Amendment No. 6101 states: <br /> The rezone shall be effective upon the execution of an <br /> agreement with the Town of Dunn which specifies that the <br /> property owners, Juliun R. Atkinson and/or Agnes H. <br /> Atkinson, their heirs, assigns or representatives, will make <br /> application to rezone the property to single family or duplex <br /> 210 Martin Luther King, Jr. Boulevard, Room 419, Madison, Wisconsin 53709 <br /> Voice and TDD (608)266-4355 <br />