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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 Counpel: <br /> KENNETH H. BUHROW <br /> February 10, 1992 <br /> FEB 1 1992 <br /> ATTN: SHARY BISGARD, CHAIR <br /> DANE COUNTY ZONING DEPARTMENT <br /> CITY-COUNTY BUILDING <br /> 210 MARTIN LUTHER KING JR BLVD <br /> � �� Gib <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: <br /> 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 /> Deerfield, Dane County, Wisconsin. They own the adjacent parcel <br /> to the shaded area on the attached map, which is the subject <br /> matter of the hearing. <br /> The Neaths are in opposition to the zoning petition to amend the <br /> Deed restrictions to change the location of driveways, unless <br /> 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 /> drainways constructed at the expense of the developers across the <br /> Neath's property that would properly handle the potential run-off <br /> without having damage or flooding done to the Neath's property. <br /> As you may know, under the case State v. Deetz, 66 Wis. 2d 1, a <br /> property owner is liable for damages caused by his diversion of <br /> surface waters onto property of others where the invasion is <br /> unreasonable, intentional, or actionable. <br /> The Neaths are concerned that the proposed change would result in <br /> 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 /> 1. An engineer laying out an acceptable surface waterway <br /> (approved by A.S.C.S. ) . <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 />