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AD <br /> January 9, 1995 <br /> Page 3 <br /> (3) the minimum hours of retail operations shall be as established <br /> from time to time by Mr. Niesen in his discretion, but the maximum hours <br /> of retail operations shall be from 8 : 00 a.m. until 8 : 00 p.m. ; <br /> (4) in lieu of screening on the northeast side of the parcel, Mr. <br /> Niesen shall install street trees along Stagecoach Road abutting this <br /> parcel; <br /> (5) such other site-specific conditions as may be necessary for <br /> approval and are acceptable to Mr. Niesen. <br /> C. New Arguments to be Considered by The Committee <br /> Finally, to our knowledge the Zoning Committee did not consider <br /> arguments or evidence that this parcel should never have been covered by <br /> blanket A-1 exclusive agricultural zoning. Prior to the effective date <br /> of A-1 exclusive agricultural zoning, this parcel was ineligible and <br /> unsuitable for A-1 exclusive agricultural zoning for the following <br /> reasons and, accordingly, should have been excluded from blanket A-1 <br /> exclusive agricultural zoning coverage. This parcel should have been <br /> rezoned to allow rural development instead of being covered by A-1 <br /> exclusive agriculture zoning applied in blanket fashion. <br /> Prior to the effective date of A-1 Exclusive Agriculture Zoning, <br /> this parcel did not meet applicable farmland preservation criteria. The <br /> former Albert Stoppelworth farm was split and separated by U.S . Highway <br /> 14 . The barn and other farm buildings and the productive farmland were <br /> to the north of Highway 14 (now Oak Valley Estates) . Approximately 5 . 72 <br /> acres of nonproductive and nonviable farmland and the farm residence <br /> were to the south of U.S . Highway 14 . This parcel is part of the former <br /> Stoppelworth farm remnant lying to the south of U.S . Highway 14 . During <br /> the late 1970' s, the topsoil was stripped and removed from this parcel <br /> and it was quarried. This permanently and adversely changed the <br /> productivity and viability of this parcel before Exclusive A-1 <br /> Agricultural zoning coverage took effect . <br /> Chapter 91 of the Wisconsin Statutes is the Farmland Preservation <br /> Law. Under Section 91. 01 of the Wisconsin Statutes, "eligible farmland" <br /> is defined as a parcel of 35 or more acres of contiguous land devoted <br /> primarily to agricultural use. Section 91 . 75, Wisconsin Statutes, <br /> provides that the minimum parcel size to establish a residence or a farm <br /> operation is 35 acres, subject to certain exceptions not here <br /> applicable. <br /> Section 10 . 125 (1) (a) of the Dane County Ordinances states the <br /> purposes of A-1 Agriculture District (Exclusive) . Two of the purposes <br /> are to preserve productive agricultural land and productive farms. <br /> Another is to comply with the Farmland Preservation Law to permit <br /> eligible land owners to receive tax credits under Section 71. 09 (11) of <br /> the Wisconsin Statutes. Section 10 . 123 (1) (b) of the Ordinances states <br />