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DCPREZ-0000-05176
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DCPREZ-0000-05176
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Last modified
8/2/2016 10:20:12 AM
Creation date
8/2/2016 10:20:08 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
05176
Town
Springfield Township
Section Numbers
33
AccelaLink
DCPREZ-0000-05176
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• • 5176 / Ziegler / Springfield <br /> Page 2 <br /> It was evident from the Town's comment that they believed that the rezone <br /> would create a separate parcel. Rezoning a portion of a parcel does not by <br /> itself create a separate lot or parcel. Creation of a parcel requires a <br /> transfer of the described land to another individual or entity and a recording <br /> of said transfer in the office of the Register of Deeds. Therefore as long as <br /> the rezone area remains in Mr. Ziegler's ownership a separate parcel is not <br /> created. A word of caution is necessary when considering such a rezone. The <br /> rezone would allow the separation of the R-3A area from the farm without <br /> further approval by the town or county providing that certified survey <br /> requirements were satisfied. If you did want to prevent the separation the <br /> rezone area could be made subject to a deed restriction such as "the rezone <br /> area shall not be separated from the farm parcel". Said restriction should be <br /> noted in the comment section on the town board action form which we send to <br /> you with each rezone application and the zoning committee would amend the <br /> application to include the restriction. <br /> Another question you raised pertained to allowing more than one residence on a <br /> parcel. Section 10.123 (2)(b) of the zoning ordinance allows a residence for <br /> an owner of the farm providing they earn a substantial income from the farm <br /> operation. Two or more owners of the same farm could thus qualify and each <br /> would be permitted to have their own residence on the farm parcel. Also, <br /> Section 10.123 (2)(c) provides that secondary residences which are occupied by <br /> a person or a family at least one member of which earns a substantial part of <br /> his or her livelihood from farm operations on the farm are also permitted. <br /> This provision allows a farmer to provide a residence for farm laborers. <br /> Therefore a farm could have several residences on the farm parcel as long as <br /> the occupants qualified as specified by the ordinance and a separate parcel <br /> was not created for any of the residences. If the farm wished to sell off any <br /> of the residences compliance with appropriate zoning and certified survey <br /> requirements would be necessary. <br /> If these explanations are not clear enough for you or if you have additional <br /> questions please contact me. <br /> Sincerely yours, <br /> William Fleck, <br /> Zoning Administrator <br />
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