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Staff Report 10832 continued <br /> The applicant's existing residence on A-1 EX zoned land was permitted under"Farm Plan"#98. The applicant may no <br /> longer satisfy the code requirement that"substantial"farm income be derived from farm operations(rental income may not <br /> be included). The applicant has submitted petition#10843(May public hearing), which proposes to separate 30+ acres of <br /> ag land (see attached map). It appears the residence may no longer be in compliance with the zoning code requirement <br /> for"substantial"farm income. Staff suggests the petition be postponed and that consideration be given to bringing the <br /> existing residence into compliance by rezoning to an appropriate category (e.g., RH-1). <br /> 4/28 ZLR: The petition was postpone until the Town Action Report is received. <br /> TOWN: The Town approved the petition with no conditions. <br /> Staff update: <br /> The County Treasurer has advised Zoning Staff that there are delinquent taxes on the property in the amount of$38,780. <br /> Staff suggests that the petition be postponed until the following issues are resolved: <br /> 1. Amend the petition to comply with the farm plan agreement and reconfigure of proposed residential lot to address <br /> wetland issue. <br /> 2. Contact the County Treasurer to resolve delinquent tax issue. <br /> 5/26 ZLR: The petition was postpone allowing the applicant time to address the pending issues. <br /> Staff update: <br /> County Staff has informed the applicant of the pending issues with the proposal in a letter dated June 9`h. See attached. <br /> Staff has requested that the proposed residential lot be reconfigured to locate the building envelope area over the existing <br /> building on the property. The existing building has been designed for commercial purposes and would not be permitted <br /> within the Rural Homes Zoning District. The reconfiguration would allow the existing structure to be remodeled into a <br /> residence. Also, the current configuration contains a large amount of wetlands which conflicts with the open space policies <br /> found in the Town of Dane Comprehensive Plan. <br /> When the applicant constructed the farm residence on the property, he signed an agreement that substantial income will <br /> be derived from the agricultural operation on the property. The agreement notes that the landowner is required to rezone <br /> property if substantial income discontinues. The applicant no longer has a legitimate farm operation on his property. The <br /> tillable cropland is being sold as part of Zoning Petition 10843. In order to comply with the farm residence agreement, the <br /> landowner must rezone an area for the existing residence on the property. Staff has suggested amending the petition to <br /> include a lot for the existing residence on the property. <br /> Staff has not received any revisions to the proposal to address the stated concerns. Based on this fact, Staff suggests <br /> denial of the petition based on the following reasons: <br /> 1. The proposed residential lot conflicts with the Open space/Environmental Corridor policies found in the Town of <br /> Dane Comprehensive Plan. <br /> 2. The existing building contained within the boundaries of the proposed lot is designed for commercial use and <br /> would be in violation of the uses found in the Rural Homes Zoning District. <br /> 3. The existing farm residence appears to be in violation of the Document of Understanding towards an inactive <br /> Farm Plan. <br />