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{ <br /> PROCEDURE ON ZONING COMMITTEE'S RECOMMENDATION <br /> FOR DENIAL OF A ZONING PETITION <br /> There appears to be a fair amount of confusion as to the <br /> manner in which zoning petitions are addressed when the <br /> . Agriculture, Environment & Land Records Committee recommends <br /> denial of a zoning petition. This document addresses that <br /> situation. <br /> When the Committee recommends denial, the Board has two <br /> choices under state statutes, sec. 59 .97( 5) (e)5 . <br /> The first alternative is to accept the Committee <br /> recommendation, in which case the matter is over. <br /> The second alternative is to refuse to accept the <br /> recommendation for denial. In that event, the Board is to <br /> rerefer the matter to the Committee with directions to draft a <br /> document incorporating the Board' s desires . The motion for <br /> rereferral could incorporate such objectives as the Board wishes <br /> but if it does not, the Committee can draft these as it sees fit. <br /> In order to preserve this statutory scheme, it is necessary <br /> to first consider the motion to adopt the Committee <br /> recommendation for denial. Because of the way the state statutes <br /> are written, that is the only motion that can be before the Board <br /> until it is disposed of. If the motion for denial fails, the <br /> matter is rereferred to the Agriculture, Environment & Land <br /> Records Committee. That committee must then draft the <br /> implementing ordinance (or other document) and report the same <br /> back to the Board. Once it comes back to the Board, it can be <br /> adopted or amended and then adopted. If it fails to be adopted, <br /> that is the end of the matter. <br /> • <br /> -2_,) ,L) „, <br /> • <br /> ZON960:021689:CWK:c <br />