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Lake waubesa Conservation October 12, 1993 Association, Inc. Dane County Zoning and Natural Resources Committee 210 Martin Luther King, Jr. Blvd. Madison, WI 53703 Re: Rezoning Petition #5771; C.U.P. Petition # 1104 Street Address: 3424 Lake Farm Road, Town of Blooming Grove Owner: Robert Van Daalwyk Gentlemen: We hope that the Zoning and Natural Resources Committee in its deliberations on the Van Daalwyk rezoning petition will look beyond the "face value" of this request to consider the "big picture" and its affect on actions taken previously by the Committee and the Dane County Board relative to the Libby Landfill rezoning and approval process. Specifically, we would like to offer the following views concerning the potential ramifications of such an approval on the potential development of this landfill facility: 1. These rezoning and conditional use requests do not conform to the guidelines of the purposes of the A-1 Exclusive zoning ordinance. Both requests (roofing business and in-home hair salon) are for businesses unrelated to farming or farming practices. In his testimony before the Wisconsin Waste Facility Siting Board in the Libby Landfill Arbitration hearings, Dane County Zoning Administrator Bill Fleck defined these purposes as follows and which are attached to this letter as Exhibit #1 (transcript p. 476): "The purposes of the A-1 Exclusive Agriculture (zoning designation) are to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs; maintain a viable agriculture base to support agricultural processing and service industries; prevent conflicts between incompatible uses; reduce costs for providing services to scattered non-farm uses; pace and shape urban growth; implement the provisions of the county agricultural plan when adopted and periodically revised; and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits." 2. Dane County Zoning officials are often asked to testify in lawsuits or legal hearings to justify the actions of the Zoning Committee and County Board which suggest arbitrary or discriminatory practices. In the same testimony cited above, Mr. Fleck was challenged by Madison Landfill's land use witness to explain five rezoning instances from A-1 Exclusive in the vicinity of the Libby Landfill area. In all cases, Mr. Fleck was able to explain the reasonable actions of the Zoning Committee and the Dane County Board, and these examples are outlined in his testimony in transcript pages 477 to 479. 3. Based upon testimony of the Libby Local Committee witnesses,the Wisconsin Waste Facility Siting Board determined that pre-existing local approvals (including Dane County) were DIA applied in an arbitrary or discriminatory fashion and Dane County was granted zoning control by the WFSB in the final arbitration package selected in November 1991. P.O. Box 6521 •Madison, Wisconsin 53716