Laserfiche WebLink
• <br /> Your third question is: <br /> "Is an easement that has been granted over the <br /> land of others for the purpose of ingress and <br /> egress to a parcel to be included in the total <br /> lot area for the purpose of sec. 236.02(8) and/or <br /> sec. H 65.03, Wis. Admin. Code?" <br /> The answer is no. The unity of ownership and functional distinction <br /> criteria apply. Where an easement has been granted for purposes of <br /> ingress and egress, the area subject to the easement must be excluded <br /> in calculating lot size on the functional basis, just as a public high- <br /> way is excluded. <br /> Fourth, you ask whether a single lot may consist of two parcels separated <br /> by land owned by another party, such as a public highway. <br /> The weight of authority requires that sec. 236.02(8) , Stats. , be construed <br /> as providing a negative response. <br /> "'The word lot means any portion, piece or division of land. ' <br /> It 'denotes a single piece of land, lying in a solid body and <br /> separated from contiguous land by such subdivisions as are <br /> usual to designate different tracts of land, and in the <br /> subdivision of a tract of land into city lots, each lot in <br /> a city constitutes but a single piece or parcel of land. "' <br /> 2 McQuillin, Municipal Corporations (1966 Rev. Vol.) , sec. <br /> 7.19, p. 360. — <br /> ". . . Tracts of land, separated by a public thoroughfare, do <br /> not constitute a single lot." 101 C.J.S. Zoning, sec. 144, <br /> p. 905.See also Sanfilippo v. Bd. of Review of Town of Middletown, 96 R.I. 17, <br /> 188 A.2d 464 (1963) , where a board of review finding that three parcels <br /> constituted a single lot was overturned as arbitrary on the basis of <br /> physical facts. Among the facts considered was the intervention of a <br /> public highway setting one parcel apart from the others. <br /> A lot for purposes of sec. 236.02(8) , Stats. , cannot consist of separate <br /> parcels which are not susceptible to integration into a single unit of <br /> land. This includes the situation where the parcels are separated by <br /> land in other possession, such as a public highway. <br /> Wis. Adm. Code section H 65.03(4) (b) , permits use of combinations of <br /> lots to make up the area required by that chapter. However, inasmuch as <br /> the purpose of that chapter is to require sufficient land area for <br /> sewage disposal, it is clear that a parcel set off by a highway which is <br /> not available for sewage disposal purposes should not be included. <br /> -150- <br />