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•- . .,� _ ,. =o ar '.,, Dane County Land Regulation & Records y //V. 's �VVyel Room 116,City-County Building Land Division Review Madison,Wisconsin 53709 608/266-9086 Property Listing Gene R. Rankin, J.D. 608/266-4120 DIRECTOR Surveyor 608/267-4115 608/266-4252 Zoning 608/266-4266 January 20, 1989 Louis W. Schiller 7689 Schiller Court Verona, WI 53593 RE: Rezone Petition #4394 - A-1 to C-1 Dear Mr. Schiller: You have requested information from me regarding possible deed restrictions that could be placed on the property to alleviate concerns that unwanted uses could be established on the property. In response to this I cite Section 10.255(3) - Dane County Zoning Ordinance pertaining to conditional rezonings and specifically Section 10.255(3) (a)2, second paragraph, (see copy enclosed) . The Ordinance provides that limits of permissable uses to less than the full range of uses permitted may be imposed. Therefore, use of the property may be limited or restricted to vey specific uses which would prevent the establishment of any other use. In your case, for example, the use could be limited to 1. residential & 2. a cabinet shop. The maximum size of the shop could also be specified if so desired. The Town, if you can convince them to do so, could make their approval of your rezone subject to restrictions of use being recorded on the deed. The Town has followed this process in 2 or 3 previous situations. I have enclosed a copy of the deed restriction document that we use for this purpose. A second question was the removal of the C-1 Zoning classification in the event that a residence is constructed on the property which could qualify the use as a Limited Family Business. A rezone is a legislative action and cannot be done without due process which must follow state statute eg. public hearing, Town Board review, County Zoning Committee recommendation and County Board action. The rezone may not be an automatic change, it must follow the process outlined above. Several Towns, including Middleton, have utilized a private agreement or contract between the Town and the property owner to specify that an application for a rezone will be submitted at a specific time or when specified events occur. This could work for you, subject to the Town's willingness to enter into such a contract which specifies, that a rezone application would be required upon construction of a residence on the property.