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DCPREZ-0000-04596
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DCPREZ-0000-04596
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Last modified
10/20/2016 8:14:13 AM
Creation date
10/19/2016 4:20:05 PM
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
04596
Town
Dunn Township
Section Numbers
23
AccelaLink
DCPREZ-0000-04596
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Members of Agriculture, Environment and Land <br /> Records Committee - Dane County Board <br /> September 29 , 1989 <br /> Page 3 <br /> To anticipate some of the "objections" to the zoning Petition, <br /> I will now make some additional comments . This is a difficult <br /> case, though, because there has not yet been a single reason <br /> suggested by anyone why "R-4" zoning for the parcel in question <br /> is in any way appropriate. Such a tidbit of information has <br /> never come to my attention from any source; and I am sure it <br /> never will . This clearly is a case of erroneous zoning, and <br /> the "R-4" designation dating back to at least 1962, cannot <br /> be in any way the by-product of any rational decision-making <br /> process . <br /> It has been suggested that the Petitioner is trying to "re-zone <br /> someone else ' s property" . That is not the case at all . Our <br /> statutes and ordinances give a number of parties , agencies and <br /> entities the right to bring the zoning question before the <br /> appropriate authorities , in this case yourselves . That is all <br /> the Petitioner has done. In our County the de facto zoning <br /> authority is the Dane County Board; and that is who will ul- <br /> timately be making the decisions in this case, based on recommen- <br /> dations from yourselves ; not the Petitioner. There is no such <br /> thing as "re-zoning someone else ' s property" . <br /> This is not a case of an established, existing use . This is a <br /> case of a proposed use so utterly at odds with appropriate <br /> zoning designations and the use of the surrounding neighborhood, <br /> that a more extreme case could hardly be imagined. This is also <br /> not a case where there will be a "hardship", such as in the <br /> case of a requested down zoning to an agricultural use, or <br /> a very restrictive use. "R-3" is hardly a particularly <br /> restrictive use; it in fact, is the standard designation to <br /> which we often see requests for zoning changes made from agri- <br /> cultural or similar designations . In fact, many of the neigh- <br /> borhood residents and even Commission members , would prefer <br /> to see a much more restrictive zoning requested, going far <br /> beyond "R-3" . "R-3" was selected as the appropriate designation <br /> because it is the most liberal zoning available for the owner <br /> consistent with any kind of rational planning or zoning imple- <br /> mentation. <br /> Finally, zoning is a public interest question. If you will <br /> look through Section 59 .97 and all of the County Ordinances <br /> and applicable zoning cases and law, you do not see owners ' <br /> preference or previous zoning designations set forth even as <br /> factors ; much less determinative criteria. This is a relatively <br /> unique case which has come to a head, because of the installa- <br /> tion of the Kegonsa Sanitary District facilities . It will <br />
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