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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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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
02405
Town
Cottage Grove Township
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DCPCUP-2017-02405
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Untie County Zoning k Land Rcgulatiun Cgmmimx+ <br />January 19; 2018 <br />Page 3 Pines Bach LLP <br />Ilia existing operation has had a tangible e9'ect on property value. 'These effects arc <br />explained in the attached request to revoke CUP 92175, which the Taide ari were <br />recently forced to file to address liar of property value fi an the concrete plant and <br />associated artier site. (See Attachment 1.) As the request explains, flat Tukiendorfs <br />purchased their home for %255,300 in 2005. They had no problem with the mine <br />operationallhallinre, which was then owned by Cauell's pmdecessor. Recent <br />assessments conducted since the CUP was approved in 2011 have valued the <br />'rtikiendorfs' pmpeny at $177,900 (Town assessor) and 5121,320 (private assessor). The <br />private assessor noted the Cavell operation and opined that the Tukiendorh' property <br />was "so impacted by the adjacent uses that any practical use ... as residential is <br />implausible." (Artxchmentl,NxhibitCat24.) He determined the propertywould <br />now be Issuer used for industrial purposes. The Takieudorfs' neighbors to [heir <br />immediate east have also experienced significantpropetty value dec lines. (Attachment <br />I, Ex. E.) <br />Expanding life mining operation with a new CUP will extend the the of the concs'etc <br />batch plant, whirl!, along with operations at the mine site Itself and snpporti fig roads, <br />will further impact the property values of neighbor.; like the Tuic ndrah. The <br />application thus Poils to meet if 10, 255(2)(h)(1) and (2). Indeed, the Town of Cottage <br />Grove rejected a prior version of this ,nine expansion for this very reason in 2016, <br />(Attachment 2 at 1-2,4,5.) Despite this history, Mc Cattell's application provides only <br />self-serving, concluseny statements that he will satisfy the County's standards, which are <br />not suRciant to meet his burden. <br />The CUP should be denied. <br />B. arneCounty Oidinana §!0121(5) <br />The CUP would turn a current A -1 Ex (exclusive agriculture) 35-zem site into an <br />industrial site, significantly expanding the cxisfing, 52acm mine. Mr. Cluell cannot <br />meet the five additional conditions that apply in conditional uses in this zone, and in <br />fad, his application dacs not even mention these conditions. He has not met his burden <br />to show the County's conditions am rod, Wis. StsL § 59.69(5cXb)2., and the application <br />should be denied far this reason alone. <br />Further, the available evidence shows the applicants could not show the additional <br />conditions firr an A -1 P.x Dish ict arc satisfied. 'These conditions require: <br />(a) The use and its location in the A -t Uxdusive Agriculture zowng district <br />air of the district <br />
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