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e h <br /> s <br /> , <br /> „ <br /> , . ,y " <br /> , Dane County Planning & Development <br /> , : , <br /> { Division of Zoning <br /> July 13, 2009 <br /> Thomas & Phyllis Ziegler <br /> 7574 Pioneer PI <br /> Verona WI 53593 <br /> RE: Proposed Rezoning —7574 Pioneer PI, Verona 29, PIN 0708-292-8075-3 <br /> Dear Tom: <br /> You asked for information about rezoning your R-1 Residential-zoned parcel, described above, on which <br /> your house is located. Since we found that the house does not meet the minimum 50 foot R-1 rear yard <br /> setback when you applied for ZP 2009-0287, I'm responding to your questions about rezoning to bring <br /> your parcel into compliance. <br /> I want to emphasize that it's not required that you rezone, as long as any future additions or alterations of <br /> the house or outbuildings meet the minimum requirements for the R-1 district. For instance, you were <br /> able to add the attached garage because you altered your original plans to meet the minimum 50 foot <br /> rear yard setback. <br /> If you wish to bring the parcel into compliance, I would recommend rezoning to the R-3 Residential <br /> district, provided the Town of Middleton agrees. The R-3 district would have one minimum 10 foot side <br /> yard setback and one minimum 25 foot rear yard setback for your corner lot. The minimum 30 foot <br /> setbacks from the right-of-way lines of Neale Court and Pioneer Plan would still apply. The maximum lot <br /> coverage under R-3 for a corner lot would be 40%. I believe the R-3 district would be advantageous and <br /> allow maximum flexibility for future uses of your property. <br /> I am enclosing information about the rezoning process. Note that a legal description of your parcel is <br /> required. I looked at the Plat of Survey you used as a Site Plan for the attached garage zoning permit. <br /> Your surveyor was very careful to note two discrepancies in your legal description — see NOTES 8), 9) <br /> and 10) on Page 2 of the Survey (highlighted copy enclosed). Although you may be able to use the legal <br /> description on the Plat of Survey for the rezone application (subject to the Zoning Administrator's <br /> approval), it is not the same as the legal description found in Dane County AccessDane records (copy <br /> enclosed). Rezoning presents an opportunity for you to consult an attorney and clear this up, along with <br /> the non-conforming zoning status. <br /> Finally, we talked about whether to could claim an exemption from the usual rezone application fee of <br /> $386.00 because you believe the Zoning Division caused your parcel to be rezoned to R-1 Residential in <br /> error under Petition 2131 effective 10/14/1978, as provided in Section 12.06(1)(g) (copy attached). If you <br /> choose to ask for the exemption, you must make your request to Zoning Administrator Roger Lane in <br /> writing, and wait for his decision before you apply for rezoning. <br /> Page 1 of 2 <br /> 210 Martin Luther King Jr.Blvd.•:•Room 116,City-County Bldg.•:•Madison,WI 53703-3342❖Phone:608.266.4266•Fax:608.267.1540 <br />