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Mr. James Gregorius <br /> February 28, 2001 <br /> Page2 <br /> zoning at such time they no longer reside on the property. A <br /> copy of said agreement shall be recorded at the Dane County <br /> Register of Deeds office. <br /> The condition does provide a date certain by which a restrictive covenant including the <br /> condition must be recorded, as required by the ordinance. Furthermore, the condition does <br /> not purport to restrict or bind the property. Rather, it purports to bind the owners. It would <br /> be permissible for the town and the owners to enter into such an agreement. But, this is not <br /> the type of restriction that runs with the land and is appropriate for a restrictive covenant or <br /> deed restriction. Therefore, it is not an appropriate condition for conditional zoning pursuant <br /> to the Zoning Ordinance. <br /> Although the terms of the condition were not valid under the conditional zoning ordinance, it <br /> was enacted by the County Board as an integral part of the amendment and approved by the <br /> town. The condition in question was added as an amendment by the board. Therefore, after <br /> final county action the matter was referred to the Town of Dunn, pursuant to §59.69(5)(e)6, <br /> Stats. The town then had 40 days to file a resolution disapproving the zoning petition as <br /> amended. In this case, Ordinance Amendment No. 6101 was submitted to the town with the <br /> condition in question as approved by the county board. The condition was clearly included at <br /> the request of the town and their approval (failure to disapprove) was based upon its <br /> inclusion. <br /> The town had a statutory right to disapprove Amendment No. 6101. Regardless of whether <br /> the condition was a valid exercise of conditional zoning, the town approved the amendment <br /> with the condition. Although the terms of the condition may not be binding, it is my opinion <br /> that the rezone did not become effective due to the failure to comply with the express <br /> language of the amendment, "the rezone shall be effective upon execution of an agreement <br /> with the Town of Dunn..." <br /> Sincerely <br /> /avid R. Gault <br /> Assistant Corporation Counsel <br />