Laserfiche WebLink
January 9, 1995 <br /> Page 2 <br /> least able to devote sufficient time and energy to and muster support <br /> for his petition during his periods of highest business activity (the <br /> spring, summer and fall months) . Additionally, time is money in the <br /> construction and landscape contracting business . <br /> Mr. Niesen' s rezone petition will also differ from Rezone Petition <br /> No. 5898 in several respects . <br /> 2 . Applicable Dane County Ordinance. <br /> The Dane County Ordinance applicable to resubmittal of a zoning <br /> petition is Section 10 .255 (1) (c) . <br /> (c) Effect of denial of a petition to change <br /> the zoning district boundaries : no <br /> petition for a change in the zoning <br /> district boundaries which has been denied <br /> by the Dane County Board of Supervisors <br /> shall be resubmitted for a period of one <br /> year from the date of said denial, except <br /> on the grounds of new evidence or proof <br /> of change of conditions found to be valid <br /> by the Zoning Committee. <br /> The decision of the Zoning Committee under Section 10 .255 (1) (c) on this <br /> issue appears to be final and nonappealable. <br /> 3 . Grounds for resubmittal of this petition under Section 10 .255 (1) (c) <br /> of the Ordinances . <br /> A. The Plain Language of The Ordinances <br /> First, and perhaps most obviously, the 12-month restriction of <br /> Section 10 .255 (1) (c) of the Ordinances applies to a petition "which has <br /> been denied by the Dane County Board of Supervisors . " Petition No. 5898 <br /> was adopted by the Dane County Board of Supervisors, but vetoed by the <br /> County Executive. Under the plain and unambiguous language of this <br /> Ordinance, the 12-month restriction is not applicable to resubmittal of <br /> this petition. <br /> B. Changes in The Rezone Petition <br /> Moreover, the rezone petition will be changed in several respects <br /> from the petition previously submitted. These changes will include, <br /> among other things, the following new site-specific conditions: <br /> (1) no sales of furniture on site; <br /> (2) no lawn care services from site; <br />