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DCPCUP-2017-02405
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DCPCUP-2017-02405
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Last modified
8/17/2021 3:42:14 PM
Creation date
3/1/2018 10:11:16 AM
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Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
02405
Town
Cottage Grove Township
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DCPCUP-2017-02405
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Dane County/ ini l and Regulation Committee <br />January 18, 2018 <br />Page 2 I'twa teach LLI' <br />1. The application does not nmct in Dane Courtly and Collage Grove legal <br />standards. <br />A. aim, -Coy my ordjoanre¢ lo.2s5(2)(n) <br />The Dane County Zoning Code requires an applicant to meet six standards to obtain a <br />CUP, including: <br />I. That the establishment, maivteoawx or operation of the conditional use trill <br />not be devimcnmlMorendaneer the public health safery comfort or general <br />welfar; <br />2. That the ones, values and enjoyment of other property in the neigbbmhuod for <br />purposes already permitted shalt be in no foreseeable manner sr bstnrgialiy <br />inciaimd m diminished by establishment, maintenance or operation of the <br />conditional use; <br />I <br />Dane Co. Ord. § 10.255(2)(h). <br />Mr. Cavell has the burden to show he will meet these standards by substantial evidence. <br />Wis. Stan § 59.69(5e)(b)2. <br />This applicant failed to show be will meet these standards providing on a cursory <br />discussion of each. Further, the well - documented history of issues with the current <br />mining operation and concrete hatch plant provides ample evidence that these factors <br />cannot m satisfied. The existing Cattell operation already causes nuisance conditions <br />fin the neighbors, including execssive wise from heavy trucks, machinery, banging <br />track gates, and hack -up beepers; dust; and lights. 'These conditions disturb ncighbors' <br />sleep, reduce their ability to be outdoors on their property and to keep windows open, <br />and generally reduce enjoyment of their property. 'these conditions have generated <br />complaints from the Tukiendorfs and othecneighlxns. (.Sex e.g., Attachments I(Ex. A, <br />J), 2 at 3 -4, Attachment 3 at 317-9, 14.) <br />A new non - metallic mine world prolong the life of the concrete plant and the <br />disturbances for these ncighlem a, while creating additional disbelievers fora new set of <br />neighbors north of die existing mine site. The application vaguely states kis fm <br />extracting 30,00650,000 tons ofaggregate a year, though "municipal work could <br />increase this amount." The operation would use the same driveway that passes 90 feet <br />from ncc Tukiemlort' home, and the existing driveway is a substantial source ofvnek <br />anise, disma oanm, and dust for the family. The application incorrectly notes them have <br />been an operational violations or material complaints at vte existing site, a claim <br />addressed further be low. <br />
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