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BOA MINUTES / 2/22/96 <br /> Page 4 <br /> resulted in violation letter to owner dated March 2, 1995. <br /> Appellant filed rezone application on March 7, 1995 <br /> (Application #6255) to change the zoning from A-i Exclusive <br /> to C-1 Commercial . The C-i Commercial District would allow <br /> the uses existing and proposed of appellants building and <br /> property. Township of Sun Prairie, Zoning and Natural <br /> Resources Committee and County Board all approved requested <br /> rezone. Dane County Executive vetoed approval on November <br /> 13, 1995 and the County Board failed to override the <br /> Exective' s veto. Appellant argues that Dane County Board of <br /> Adjustment can overturn adverse zoning decisions under Dane <br /> County Code of Ordinances 10. 26 (6) (a) and grant Special <br /> Exception and Variances from conditions of 10 . 123 A-1 <br /> Exclusive Agricultural Zoning. <br /> Conclusions of Law: <br /> 1) . § 10.24 Dane County Zoning Ordinance clearly limits the <br /> authority to change zoning boundaries and classification of <br /> districts to the County Board. <br /> 2) . § 10 . 26 ( 6) Dane County Zoning Ordinance powers of the <br /> Board of Adjustment does not authorize the Board of <br /> Adjustment to decide on legislative or use issues as here <br /> presented. <br /> 3) . § 10 . 28 Dane County Zoning Ordinance is intended and <br /> has historically been utilized to limit discrepancies among <br /> other Chapters of the County' s Code of Ordnance that may <br /> conflict with Chapter 10 of the Dane County Code of <br /> Ordinance . § 10 . 28 does not authorize the Zoning <br /> Administrator or Board of Adjustment to exempt appellants <br /> property from Exclusive A-1 Zoning. <br /> 4 ) . The constitutionality or legality of Exclusive <br /> Agricultural Zoning is an issue for the courts and not <br /> properly before the Board of Adjustment. <br /> 5) . The appellant has alternative means of relief <br /> available, through the legislative system and/or through the <br /> Court System. Motion carried 3-0 . <br /> #2712 . Appeal by Town of Westport for a Special Exception <br /> Permit as provided by Section 11 . 05 (3) to permit filling, <br /> grading, etc. , within 300 feet of Six Mile Creek within the <br /> right-of-way of Rankin Lane, in part of the SW 1/4 SE 1/4 <br /> Section 16 and NW 1/4 NE 1/4 Section 21, Town of Westport. <br /> IN FAVOR: M. Vondrasek OPPOSED: --- COMMUNICATION: <br /> Town Board, B. & P. Robinson <br /> SAYLES/KLOPP to grant, with conditions, permit to fill and <br /> grade associated with water main installation for expanding <br /> residential subdivisions . <br /> CONDITIONS: <br /> 1) . That plans and specifications be prepared by a licensed <br /> (11, engineer within the scope of the application, and filed <br />