DCPREZ-0000-03211 - Laserfiche WebLink

Home Browse Search

• Members of the County Board May 1, 1984 Page 3 Schedule 1 was a drawing of the area with Parcels A and B hand drawn on it. There was no surveyed description of these parcels. The Stipulation contained a handwritten statement, "The parties agree to split equally the cost to survey parcels A and B. " Judge Byrne on January 11, 1984, in his order granting the divorce, simply stated that the Stipulation between Shirley and Milfred Thompson was reasonable and incorporated it into his order. There are two reasons why this order does not require approval of the petition. First, the order is insufficient to divide the property without compliance with the county' s ordinances. Apparently, the petitioner relies upon Wis. Stats. Sec. 236. 45 (2) (a) 1, for an exemption for the county ordinances. However, the description of the property in the Stipulation and accompanying Order is inadequate to effect a transfer of the property. Without a surveyed description, which is recordable, there cannot be a transfer. Second, even if the order divided the land under Sec. 236. 45 (2) (a) 1, it does not require any particular usage of the land. This is a zoning, and not a land division, issue. Sec. 236. 45 (2) (a) 1 does not provide an exemption from local zoning ordinances. A judge, in a divorce proceeding, for example, cannot order that a piece of land be used as an auto salvage yard. The zoning issue continues to be con- trolled by county ordinances. The Land Use Plan The zoning change is inconsistent with the Land Use Plan for the Town of Blue Mounds. The Plan contains an Agricultural Preservation District and specifically states that there should be no land division of less than 35 acres unless such division conforms to certain standards. This division and rezoning violates, at least, five of the nine standards. Specifically, this parcel violates these standards: "The non-farm site should be: a. land where there has been no history of farming activity;