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1 <br /> ►fACTURE. • <br /> s � <br /> n ...dedicated — WMHA <br />;' to _ _ _a <br />,` (608) 255-3131 $ a►iwdab/e Ross Kinzler, Executive Director -- ___ <br /> FAX: 255-5595 3 h° 202 State Street •• Suite 200 •• Madison, WI 53703 <br /> August 18, 1993 _. <br /> %-I(Jt 2 i �'� <br /> Lyman F. Anderson, Chairman <br /> Zoning and Natural Resources Committee RECEIVED <br /> CEIVED <br /> c/o Dane County Zoning Office ?ONINR DIV <br /> City-County Building <br /> r 210 M.L. King, Jr., Blvd. <br /> Madison, WI 53709 <br /> RE: CUP No.1092: Hide Away Storage, Town of Middleton <br /> Dear Chairman Anderson: <br /> The applicant seeks approval for a residence for a caretaker-watchman within C-2 zoning. A <br /> mobile home is proposed for this residence. <br /> There is no prohibition against mobile homes used for this purpose within the Dane County <br /> Zoning Ordinance. <br /> The town board has asked you to deny this conditional use permit because of the mobile home <br /> which the town contends would be a violation of a town mobile home ordinance. Although the <br /> applicant has never been given a copy of this ordinance by the town, town officials contend that <br /> it prohibits mobile homes outside of mobile home parks. There are no mobile home parks in the <br /> Town of Middleton. <br /> We believe that such ordinances are not legally enforceable. A Wisconsin court ruled earlier this <br /> year that "there are no inherent characteristics of a manufactured home that would justify a per <br /> se exclusion from locations outside of designated mobile home parks." Collins v. City of Beloit, <br /> Case No. 92-CV-80, Rock County Circuit Court, February 15, 1993. <br /> Further, the court ruled that the zoning code of the city which denies the citizen's right to place <br /> a manufactured home on his property violates the Constitution and is void. <br />