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4i4ItA44:e .- f <br /> • <br /> I ,* <br /> TO: Springdale Town Board and Planning Commission Members <br /> FROM: Pat Hitchcock and Vicki Anderson <br /> DATE: July 11, 1994 <br /> Dear Members, <br /> On June 22, 1994 we met with County Zoning Administrator Bill <br /> Fleck to discuss zoning issues related to duplexes, the conditional use <br /> permit for Bill Garfoot, and ordinances. Mr. Fleck was helpful and <br /> offered to answer any questions in the future. The following is a <br /> summary of our discussion. <br /> A. DUPLEXES <br /> 1. He verified that County zoning requires two dwelling units in <br /> the same building (duplexes) to be zoned R-3A in agricultural areas. <br /> 2. Fleck remembered discussing Garfoot's plans to remodel the <br /> chicken coop into two dwelling units at the time of the Conditional Use <br /> Permit, CUP. <br /> ,3. Garfoot is requesting R-3A zoning for a 5.49 acre parcel. If <br /> granted, Springdale has pip,ordirgrice to prevent him f;om building 4 <br /> duplex every 20,.000 SF or one-7114,f. acrqP. <br /> 4. Bu1;Fleck A said, "You don't want to give him.&. zoning <br /> 4i4i> without.a.Fdeed restriction <br /> 5. Ari d it could read, "This duplex is theoniy.xesi.dential unit <br /> allowed on this 5.49 acre parcel." <br /> 'S. Deed restrictions go with the land and remain in effect until <br /> the zoning is changed. The landowner may apply to remove the deed <br /> restriction, which requires the same process as a rezoning. <br /> 7. Garfoot claimed during the last meeting that his lawyer said <br /> deed restrictions were illegal. Fleck said deed restrictions-are legal <br /> and used in zoning all of the time. Corporate counsel for Dane County <br /> and zoning case law substantiates that. He wondered who the lawyer was <br /> who would say otherwise. <br /> 8. Garfoot said there was no reason to worry about more duplexes <br /> on this 5.49 acre parcel because the land would not perc. FFleck said <br /> that has nothing to do with zoning. Zoning decisions should not be mile <br /> on the basis of percolation tests for on-site sewage ,, y5ten. . <br /> Environmental health issues a permit for a potential on-site system. The <br /> soil •percolation test determines if a traditional, mound, or holding <br /> tank is needed. Mound system can go in almost anywhere. Fleck warned <br /> against the use of holding tanks because if they are not properly <br /> maintained the town is liable. <br />