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BOA MINUTES 6/22/95 <br /> PAGE 6 <br /> without injustice to applicant. <br /> Motion carried - 5-0. <br /> #2647. Appeal by Robert E. Bowman to appeal the interpretation of <br /> the Dane County Zoning Administrator as it pertains to lot <br /> divisions within the A-i Exclusive District -- Section 10. 123, Dane <br /> County Code of Ordinances. <br /> IN FAVOR: R. Bowman, P. Salkin, L. Anderson, G. Craft, H. Krantz, Vi5ftiriar <br /> R. Boehnan OPPOSED: J. Gregorius, Zoning Administrator '1(27 OS <br /> DREPS/SAYLES to sustain Zoning Administrator's interpretation of <br /> Zoning Ordinance. <br /> FINDING OF FACT: <br /> The Robert Bowman property, prior to 1981, was zoned under the A-1 <br /> Agricultural District. The Town of Cross Plains adopted a land Use <br /> Plan in 1981 and as a part of the State Farmland Preservation <br /> Program. The result of the program was the adoption of a rezoning <br /> Ordinance Zoning Amendment #2807, which approved a blanket zoning <br /> of previous A-1 Agriculture property to the A-1 Ex. , exclusive <br /> agricultural district. As a result of this action and approval by <br /> the County Board, Mr. Bowman's parcel of 28 acres became a <br /> substandard parcel due to the fact that the A-1 Ex district <br /> requires a minimum parcel size of 35 acres. Appellant seeks a <br /> decision by the Board of Adjustment voiding the exclusive A-1 <br /> Zoning as to his property claiming it is and always has been at all <br /> times in residential use and is not suitable for agricultural <br /> usage. Appellant wishes to convey a 5 acre parcel thereof to his <br /> daughter for her residential use. <br /> Appellant argues that Sections 10.28, 10. 123 (5) and 10. 123 (9) Dane <br /> County Ordinance permit the Board of Adjustment to exempt his <br /> property from Exclusive A-1 Zoning. <br /> CONCLUSION: <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 Board of <br /> Adjustment does not authorize the Board of Adjustment to decide on <br /> legislative issues as here presented. <br /> 3) . § 10.28 Dane County Zoning Ordinance is intended and has <br /> historically been utilized to limit discrepancies among other <br /> Chapters of the County's Code of Ordinance that may conflict with <br /> Chapter 10 of the Dane County Code of Ordinance. § 10.28 does not <br /> authorize the Zoning Administrator or Board of Adjustment to exempt <br /> appellants property form Exclusive A-1 Zoning. <br /> 4) . § 10. 123 (5) Dane County Code of Ordinance refers to area, <br /> width, setback and density of conforming A-1 Exclusive parcels, <br /> while 10. 123 (9) grandfathers pre-existing substandard A-1 Exclusive <br /> parcels under which appellants property would fall. Neither <br /> 0 <br />