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1979
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1979
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BOARD OF BOARD - Minutes <br /> June 14, 19/9 <br /> Page 2 <br /> 4. Both the land on which the excavation is to occur and all nearby <br /> surrounding land is zoned A-i Agricultural. <br /> 5. No mineral extraction operations are to occur within six-hundred <br /> feet of a residential district zone. <br /> 6. No excavation, washing, crushing, quarrying or processing or re- <br /> moval of minerals is to occur within 300 feet of any building <br /> occupied for residential purposes. <br /> 7. The Dane County Zoning Department and the Zoning Administrator <br /> have consistently interpreted the work "removal" in ss 10.12 <br /> (2) (a) (1) to mean removal of mineral resources from the ground. <br /> CONCLUSIONS: <br /> 1. The reclamation plan meets the standards of ss 10.12 (2) (a) <br /> 3. and of the Zoning Ordinance in general. <br /> 2. Because of the longstanding administrative construction placed <br /> on the Zoning Ordinance by the Zoning Department and the Zoning <br /> Administrator and because ambiguities in a Zoning Ordinance <br /> must be construed in favor of the free use of private property, <br /> the decision of the Zoning Administrator to issue a mineral <br /> extraction permit (#M79-40) to EMT Partnership is affirmed. <br /> Motion carried by vote of 5 to 0. <br /> Letter from Mr. Adas, Re: Appeal #788, was deferred until public hearing <br /> scheduled on June 28, 1979. <br /> The meeting was adjourned. <br /> Phyllis Schwahn, <br /> Secretary <br /> C <br />
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