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dif /0Z__ • January 14, 1992 958 Johnson Avenue JAN 14 1992 Oregon Trail, Lot 26 Oregon, WI 53575 [il !• 41I 7,0141146 DIV Dane County Zoning Commission 210 M. L. King Jr. Blvd. Madison, WI 53715 Members of the Commission: On Tuesday, January 14, you will be considering Zoning Petition #5212, C.U.P. #966, for 4743 Tyler Street, Section 7, SW SW, in the Town of Rutland, Lot #3, as recorded in Volume 18, page 266, Document 1832459 in the Certified Survey Record. This lot is owned by Donald and Debra Schanke and is currently Zoned RH-1, Rural Homes district. We encourage you to deny this request based on the fact that this property is directly adjacent to a residential housing development. We believe that the Restrictions and Covenants" (Document 1835282, Volume 5714, Pages 50-52), copy enclosed, that govern the use of this Lot best point out the intent with which this land was developed. Article I, the Preamble, states that "for the purpose of preserving the value of the lots aforesaid and surrounding lots, does hereby declare and provide that said lots shall be used only for the purposes and in the manner set forth hereinafter, and shall be subject to the following restrictions, covenants, and conditions, for the term and time hereinafter specified." We currently pay high property taxes due to the exclusiveness of this neighborhood and the well kept homes with spacious lots providing a pleasant country atmosphere. The rezoning of Lot 3 would adversely affect our ability to resell our homes due to its use for the storage of semi-tractors and trailers. Yet, our property taxes will not be reduced to reflect this lack of marketability. In Article II, B. Nuisances, of the "Restrictions and Covenants" further states: B. Nuisances. Except as specifically provided in Paragraph F, Article II no noxious or offensive activity shall be carried on upon said lots, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. The growing and production of field crops and the use for gardens shall not be prohibited." The American Heritage Dictionary, Second College Edition, defines a nuisance as "something that is inconvenient, annoying, vexatious; bother:" with a legal definition as follows: