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764 <br /> SCHMITT LAW OFFICE • <br /> ATTORNEYS AT LAW <br /> 113 SOUTH MAIN STREET <br /> VERONA,WISCONSIN 53593 <br /> TELEPHONE(608)845-7486 <br /> JAMES L.SCHMITT FAX(608)845-7489 CROSS PLAINS OFFICE <br /> THOMAS J.SCHMITT September 28, 19 9 3 1314 MAIN STREET <br /> TELEPHONE(608)798-3171 <br /> Town Board <br /> Town of Verona <br /> 335 N. Nine Mound Road <br /> Verona, Wisconsin 53593 <br /> Re: Roger Scherrer and Arlene Burke Town of Verona Land <br /> Dear Members of the Town Board: <br /> This office represents Roger Scherrer and Arlene Burke regarding <br /> their rezoning petition for their subdivided parcels in the Town <br /> of Verona. <br /> Section 236. 03 ( 1) of the Wisconsin Statutes provides that " [a]ny <br /> division of land which results in a subdivision as defined in s. <br /> 236 . 02 ( 12 ) (a) shall be . . . surveyed and a plat thereof approved <br /> and recorded as required by this chapter. . . . " Section <br /> 236 . 02 ( 12 ) of the Wisconsin Statutes provides that " ' [s]ubdivision' <br /> is a division of a lot, parcel or tract of land by the owner <br /> thereof or the owner' s agent for the purpose of sale or of a <br /> building development, where: <br /> " (a) The act of division creates 5 or more parcels or <br /> building sites of 1 1/2 acres each or less in area . . <br /> . . ' <br /> Roger Scherrer and Arlene Burke inherited twelve ( 12 ) parcels <br /> through their mother ' s estate (Estate of Bernice Scherrer) , and <br /> because each parcel is more than 1 . 5 acres, Roger and Arlene are <br /> not required to have an approved plat pursuant to sections <br /> 236 .03 ( 1 ) and 236 . 02 ( 12 ) (a) . <br /> As provided by authority of Chapter 236 of the Wisconsin Statutes, <br /> Dane County has adopted a subdivision ordinance, Chapter 75, Land <br /> Division and Subdivision Regulations (LDSR) . Section 75 .06 ( 14 ) , <br /> LDSR, defines "subdivision" as a division of a parcel of land which <br /> creates five or more lots which are each 15 acres or less in area. <br /> The Scherrer/Burke subdivision meets the "subdivision" definition <br /> of section 75 . 06 ( 14 ) , LDSR. Section 75 . 09, LDSR, requires a plat <br /> for subdivisions, but section 75 . 14 , LDSR, provides that " [t]he <br /> provisions of this Chapter shall not apply to: <br /> " ( 1 ) transfers of interests in land by will or pursuant <br /> to court order. . . . " <br />