Laserfiche WebLink
4 - <br /> Town Board <br /> Town of Verona <br /> September 28, 1993 <br /> Page Two <br /> The Final Judgment in the Estate of Bernice Scherrer was signed by <br /> Judge Robert R. Pekowsky on July 24 , 1992 , creating a legal <br /> division of Bernice ' s land into twelve parcels. <br /> Although the Scherrer/Burke subdivision meets the county' s <br /> definition of a "subdivision" pursuant to section 75. 06 ( 14 ) , LDSR, <br /> such subdivision is exempt from county requirements pursuant to <br /> section 75. 14 ( 1 ) , LDSR. The Burke/Scherrer subdivision is, <br /> therefore, a legal subdivision. <br /> Wisconsin case law, Petersen v. Dane County, 136 Wis. 2d 501 <br /> ( 1987 ) , provides that owners who fail to comply with subdivision <br /> ordinances are not entitled to have their parcels rezoned because <br /> such noncompliance is a self-created hardship. In essence, illegal <br /> subdivisions are not entitled to rezoning. However, the Final <br /> Judgment signed by Judge Pekowsky is a legal subdivision and <br /> therefore the restrictions in Petersen are not applicable and that <br /> case is distinguishable from the Scherrer/Burke subdivision. <br /> The Scherrer/Burke subdivision is legal pursuant to section <br /> 75. 14 ( 1 ) of Dane County' s Land Division and Subdivision <br /> Regulations. Therefore, the county must grant the Scherrer/Burke <br /> rezoning petition. The Town of Verona has no legal basis for <br /> denial or veto. The parcels cannot remain as an Exclusive <br /> Agriculture District since each parcel is significantly less than <br /> 35 acres. <br /> Please advise if you have specific Wisconsin law to the contrary, <br /> and if so we will consider the matter further. <br /> Sincerely, <br /> /000 I'yam <br /> J mes . Schmitt <br /> JLS:es <br /> cc: Roger Scher and Arlene Burke <br />