Laserfiche WebLink
• <br /> Page 3 <br /> Bowman Appeal <br /> Issues Presented <br /> Whether the Board of Adjustment is empowered to overide the County Board <br /> action which denied Mr. Bowman's rezoning petition. <br /> The Dane County Zoning Administrtator has taken the position that the Board of <br /> Adjustment has no authority to overide a legislative decision on zoni g petitions. <br /> Whether s. 10.28 requires that appellant's parcel must b - • •• o a theory of 1 <br /> inconsistency. <br /> The Dane County Zoning Adminstrator has taken the position that s. 10.28 is a general <br /> curative provision which applies only to actions adopted by the County Board prior to the <br /> adoption of s. 10.28. <br /> Whether s. 10.123(9)(b) is intended to designate substandard parcels as R-1. <br /> The Dane County Zoning Administrtator has taken the position that 10.123(9)(b) is <br /> intended solely to provide a recognition of substandard parcels and to adjust setback, <br /> minimum parcel size and other requirements in order to have reasonable rules for what <br /> could be considered small parcels. <br /> Argument <br /> Whether the Board of Adjustment is empowered to overide the County Board <br /> action which denied Mr. Bowman's rezoning petition. <br /> Section 59.97(5)(e) of the Wisconsin State Statutes provides the legislative process in <br /> which zoning is accomplished. It establishes the necessary and mandatory procedures to <br /> be followed in amending an ordinance and/or zoning district boundary. The County Board <br /> is the legislative body that has the authority to amend zoning district boundaries; this <br /> includes the request for rezoning from one zoning classification to another. In addition <br /> s. 59.99(7) specifies the powers of a County Board of Adjustment; there is no provision <br /> for the Board of Adjustment to consider an overide of a legislative decision on rezonings. <br />