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LAW OFFICES <br /> ROETHE, BUHROW, ROETHE & POPE <br /> JOHN W. ROETHE JOHN T.ROETHE(1911-1975) <br /> JEFFREY T. ROETHE <br /> DALE E. POPE Of Counsel: <br /> KENNETH H.BUHROW <br /> February 10, 1992 . <br /> ATTN: SHARY BISGARD, CHAIR <br /> DANE COUNTY ZONING DEPARTMENT <br /> CITY-COUNTY BUILDING <br /> 210 MARTIN LUTHER KING JR BLVD <br /> ROOM 116 <br /> MADISON WI 53709 <br /> RE: Application of Walter Olson for Donald Schimelpfenig to <br /> Amend Deed Restrictions Relating to Location of <br /> Driveways - Item No. 12, Location 4090 Oak Park Road, <br /> Town of Deerfield <br /> Dear Committee Members: n 1 ' ' • <br /> •t. ' This firm represents John and Marilyn Neath who are the owners of <br /> the Northwest 1/4 of the Southwest 1/4 of Section 17 and the <br /> Northeast 1/4 of the Southeast 1/4 of Section 18, Town of <br /> ,-,f, Deerfield, Dane County, Wisconsin. They own the adjacent parcel <br /> v0v; ,°tl to the shaded area on the attached map, which is the subject <br />�L�C-I . <br /> -- matter of the hearing. <br /> 4113 <br /> C61i The Neaths are in opposition to the zoning petition to amend the <br /> �`� Deed restrictions to change the location of driveways, unless <br /> 'L.'' plans can be approved that would result in a control of the <br /> ':,`�\ run-off of the diffused surface water to existing drainways, and <br /> CC=&P drainways constructed at the expense of the developers across the <br /> 5e Yw`'v Neath's property that would properly handle the potential run-off <br /> 2vR'�, without having damage or flooding done to the Neath's property. <br /> c';°'�4 As you may know, under the case State v. Deetz, 66 Wis. 2d 1, a <br /> k 5s-G 'LG.y <br /> 65 property owner is liable for damages caused by his diversion of <br /> C, surface waters onto property of others where the invasion is <br /> (-,1.°,fir; unreasonable, intentional, or actionable. <br /> 4 ?e '� -- The Neaths are concerned that the proposed change would result in <br /> "J diverting water from two present waterways, thereby causing <br /> '� increased accelerated flows that would erode and flood their <br /> property. <br /> The Neaths would consent to the zoning change only if appropriate <br /> plans can be approved that would take care of the potential <br /> run-off problems. These plans would require the following: <br /> h �, <br /> � `� 1. An engineer laying out an acceptable surface waterway <br /> , �i': (approved by A.S.C.S. ) . <br /> Y'" <br /> 24 N. Henry St., P.O. Box 151. Edgerton.Wisconsin 53534.PH:608/884-3391 FAX:608/884-7018 <br /> 508 Campus Street, Milton.Wisconsin 53563.PH:608/868-4346 FAX:608/868-4348 <br />.. xa.r1-M �r.Ve^�i-II . • • . , ,., -- -r-r.-.....a�.��...�s ,..r.�..,... .— <br />