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C�DZMPEADC hQ /'iN. ' OhAkIDUAA] County of Dane DATE: August 20, 1986 TO: Stephenie A. Jensen, Clerk Town of Burke FROM: Gene R. Rankin, Direct Land Regulation & Recor epartment SUBJECT: ZONING PETITION #3674 CONDITIONAL USE PERMIT #497 We have reviewed, at your request, the conditions the Town Board would like to have imposed on the above-named petition and permit application, as stated on the attached. We are concerned that the proposed use restrictions may not all be enforceable. Two of the three proposed limitations do not restrict the use of the land. Instead, they restrict the ownership of the use and the tenancy of the land. By requiring that the business be owner-operated, you prevent an employee from operating a business, by requiring that the residence be occupied by an owner-operator, you appear to prevent a tenant from renting it, and you tie the occupancy of the residence to the ownership of the non-residential use of the land. We do not think that these proposed restrictions can be enforced. Only one of these proposed restrictions (that relating to agricultural uses) will limit the use of the land. That proposed restriction is, of course, fully enforceable. If the Town wishes to limit the nature and the scope of the construction use, we would suggest that the Town focus on the kinds of activities that it would like to see prevented, and to draft conditions that regulate those activities. For example, you may wish to limit the hours of the construction business use, by setting a starting and ending time. You may wish to limit the extent of the construction business use by defining the land area and the locations for activities associated with that use. You may wish to limit the intensity of the construction business use by specifying what and how much material can be stored on site and the manner of storage, the number of pieces of equipment that can be parked inside or outside, or the number and size of buildings that can be erected. As it appears that the landowner and the Town are of like mind, you may be able to define these specifications fairly easily and quickly, and draft a deed restriction that addresses the Town's concerns and yet allows the land owner full and proper use under the zoning of the land. We hope this has been helpful. Please do not hesitate to call if we can be of further assistance. Att. (1) cc: William Fleck, Zoning Administrator Lyman Anderson, Chair, AELR Committee