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DCPREZ-0000-06090
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DCPREZ-0000-06090
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Last modified
3/25/2016 3:36:17 PM
Creation date
3/25/2016 3:36:14 PM
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
06090
Town
Cross Plains Township
Section Numbers
12
AccelaLink
DCPREZ-0000-06090
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60Pdp <br /> Size. This parcel is about 28 acres. That is notably smaller than the minimum parcel size of 35 acres <br /> required by ordinance ".... to establish or maintain a farm operation .... ." See 10.123(5)(a). <br /> So, by 10.123(5)(a), a parcel less than 35 acres should not be zoned as A-1 Exclusive Agriculture. <br /> Instead, for parcels under 35 acres, county ordinance 10.126 expressly stipulates A-2 Agriculture District <br /> (provided the parcel qualifies as agricultural at all). See 10.126, re that purpose, which I quote: <br /> "The purpose of the A-2 Agriculture District is to provide for....rural uses....on parcels of less than 35 acres." <br /> Provisions for"substandard"lot sizes in the A-1 Exclusive Agriculture District [10.123 (9) (b and c)1 <br /> cite no logic for zoning "substandard" lot sizes, and conflict with the aim and existence of 10.126. The <br /> availability of A-2 zoning precludes any need to perpetuate substandard lot sizes in the A-1 district. <br /> Note: Substandard lot sizes in A-1 Exclusive Ag could only be legally defended(if at all)for"lands in productive farm <br /> operations." Those quoted words are from 10.123(1)(b),and restrict the A-1 Exclusive Ag District to productive farmland. <br /> Nota Bene: ordinance 10.123 does not permit a substandard on productivity. <br /> Note:The county ordinance for rural parcels of under 35 acres(10.126)allows residential use,and moreover,does not <br /> restrict housing to one residence per 35 acres[see especially 10.126(5)]. <br /> Town Land Use Plan for Cross Plains. The town plan identifies two categories of farmland, and no <br /> others. As shown on the farmland map in the town plan, my parcel falls outside both types of farmland, <br /> clearly indicating that my parcel does not qualify for the A-1 Exclusive Agriculture District. <br /> The Town Plan re Parcels under 35 Acres. The town plan stipulates that parcels under 35 acres are not <br /> farms and, instead, represent areas of"current and potential urbanization" (Point 7 on page 4). Hence, the <br /> town plan clearly indicates the intent by the town to rezone such parcels for residential development. <br /> Consistent with the above, the town land use plan only uses the restriction of one building lot per 35 <br /> acres re land "within a farm unit." (Point 5, page 10). Parcels of under 35 acres do not qualify as farm <br /> units [see 10.123(6)(a)]. So, the town plan is exactly like the county ordinances: neither of them holds <br /> parcels under 35 acres to the restriction of only one residence per 35 acres. In emphasis of this, the town <br /> plan (Point 7, page 4) cites parcels of under 35 acres as representing areas for residential development. <br /> In Conclusion <br /> Thus, my rezoning petition does not conflict with the Town Land Use Plan of Cross Plains, nor with <br /> the county zoning ordinances,whereas my present zoning does so conflict. <br /> I presume you do not act to perpetuate zoning that conflicts with zoning standards, town plans, prior <br /> established use of the parcel, or the sheer physical nature of the parcel. Such would be bad public policy. <br /> The town board did not do it. It recognized that my parcel was not productive land, and so, unanimously <br /> approved my rezoning petition (Nov. 21, 1994). Note: my petition is to let my daughter build a residence <br /> next to mine. I would not part with any of this land, except for one of my children. <br /> Also, I presume you will respect the use and purpose I had established for this parcel as being a <br /> nonfarm, rural residential parcel, by my sole use of it as such since 1966. <br /> There are other ways I could rezone, including asking the town to do a comprehensive rezoning. But, <br /> I believe Regional Planning will act to support my petition, on the basis of these further facts. <br /> My petition goes to the Zoning Committee on Dec. 27, 1994. I would be grateful if you can act on <br /> reconsideration before then. Thank you. <br /> Sincerely yours, 771--e-e..2? <br /> Enclosure Robert E. vvman <br />
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