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• <br /> October 30, 1987 <br /> Cal W. Kornstedt <br /> Dane County Corporation Council <br /> City-County Building <br /> Madison, WI 53709 <br /> RE: Zoning Petition No.4014 <br /> Menard's - Town of Middleton <br /> Dear Cal: <br /> The Agricultural, Environment and Land Records Committee approved the above <br /> rezoning petition September 29, 1987, without amendment. When the Dane <br /> County Board acted on this petition on October 1, 1987, it amended the <br /> petition so that certain deed restrictions which had been agreed to by <br /> Menard's had to be recorded with the Dane County Register of Deeds as a <br /> condition to the rezoning. Also, the DNR would have to approve the RPC <br /> extension of the urban service area as a second condition to the rezoning. <br /> There were no other conditions made. <br /> On April 24, 1987, the Dane County Highway and Transportation Department <br /> took action on Menard's request for public access from Mineral Point Road. <br /> A copy of their action on Permit No. 87-5 is attached. <br /> Please note that the "contingencies for approval" section makes their <br /> approval conditional upon the City of Madison vacating its portion of the <br /> town road, in addition to the other municipalities. Menard's is quite <br /> willing to comply with all contingencies as stated, with the possible <br /> exception of obtaining approval from the City of Madison. <br /> Therefore, I would appreciate a written opinion from you as soon as possible <br /> as to whether Menard's is required to comply with all the contingencies in <br /> the Highway Department recommendation since the County Board did not include <br /> those contingencies as a condition to approving the rezoning, and that the <br /> actual petition that was ultimately adopted was different from the <br /> application that was considered by the Highway Department. <br /> I would appreciate it if you would send a copy of your opinion to Attorney <br /> Michael R. Christopher, 222 South Hamilton Street, Suite 21, Madison, WI <br /> 53703. <br /> Thank you for your prompt attention to this matter. <br /> Sincerely, <br /> Lyman Anderson <br /> LA:anu <br /> Enclosure <br /> cc: Gene R. Rankin (w/enc. ) <br /> Norb Scribner (w/enc. ) <br /> Bill Fleck (w/enc. ) <br />