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....y v. v�l�l '_ May 5, 1995 4417 Rocky Dell Road Mr Jim Gregorius Cross Plains, WI 53528 Zoning Administrator, Room 116 Phone: (608) 831-66 3 City-County Building, Madison, WI 53709 re: Zoning Petition#6090 Dear Mr. Gregorius: As you requested in your phone call today, I more fully explain my rezoning request. The planning and zoning authority of the county derives from s. 59.97, Wis. Stat. Under that section, see s. 59.97(4), which states, in its essential part: .... The powers granted by this section shall be exercised through an ordinance ....` \ota bene: the Farmland Preservation Plan is not an ordinance. So put it aside. It may not be use as a vehicle for exercising the zoning powers granted by s. 59.97. To confirm that s. 59.97 is in control, see s. 91.51. Wis. Stat., which states in its essence: Agricultural preservation planning shall be undertaken in accordance with s. 59.97 A:A-) see s. 91.73(1), Wis. Stat., which states in its essence: exclusive agricultural zoning ordnances shall be adopted and administered in accordance with s. ;�,.r Finally-, see 91.73(2), which states in its entirety: ye agricultural zoning ordinances shall be consistent with county aL:Ticultural preservation plans dished under subch. • c plans do not constitute authority for exercising zoning powers. can he . �r exercising zoning powers. The following is what our dictates. ordinance Ordinance 10.123 does not permit nonfarm residences in the exclusive ag district [:.ce 10.123(2)]. So, I ask the county to comply with ordinance 10.123(2), by rezoning my nonfarm residential parcel out of the exclusive ag district and into a district where it is permitted. You have no choice under the law but to do so. You must use a complying zoning classification when one exists, and one does. Also, 10.123(1)(b)provides only for productive farmland to be zoned exclusive agriculture. Mv parcel is not productive farmland. The county has concurred. So, I ask you to comply with ordinance 10.123(1)(b)by rezoning my nonproductive parcel out of the exclusive ag district and into a district where it is permitted. You must use a complying zoning classification when one exists, and one does. There is no"moratorium policy-nor"35 acre density policy' in the ordinance. The county can't use policies to violate ordinance. In my case, the county in its exercise of zoning powers must comply with the requirement of 10.123(9)(b)that my parcel meet the lot dimensions and residence siting of the R-1 Residential District. In rezoning, that requires you to rezone my parcel as R-1 Residential. Thus, the ordinance gives the county no choice. It compels the county to rezone my parcel, and to rezone it as R-1 Residential. That is the only way the county can comply with its zoning ordinance. Note: you do not need new legislation in order to do what existing legislation requires you to do. Or, if 10.28 is in force, as my letter of April 23 claims, then 1028 repealed the exclusive ag zoning of my parcel. If so, my parcel reverts to its prior zoning of A-1 Agriculture (sec. 10.12). My R equest. I ask the county to comply with its zoning ordinance. That compliance requires the county either to rezone my parcel as R-1 Residential or to revert it to A-1 Agriculture (sec. 10.12). In either case, I have the right to nuke iot splits for new nonfarm residential construction. So. I ask to split off a 5-acre parcel for my clan t,.'; to build a residence on. Please grant it. Tl, �:ti. t•ou kindly. cc. krcic elps (Attn: Topf Wells Sincerely yours, Robert E. Bowman