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Dane County Planning and Development Department Room 116, City -County Building, Madison, Wisconsin 53703 Fax (608) 267-1540 October 21, 2004 Mary Gjermo 586 HWY 12/18 Cambridge, WI 53523 Dear Mary, Community Dezelopment (608)261-9781, Rm. 421 Planning (608)266-4251, Rm. 116 Records & Support (608)266-4251, Rm. 116 Zoning (608)266-4266, Rm. 116 Attached is the density study report you requested for property you own along Highway 12/18 in section 3 of the Town of Christiana. The property is within the town's Agricultural Preservation Area, where non -farm residential and commercial development is limited based on the amount of acreage owned as of May 3, 1979. It appears that the property was comprised of two legal, non- conforming parcels zoned A-1EX (Exclusive Agriculture) as of May of 1979. In 1979, the property was owned by Lloyd Gjermo and totaled approximately 33.6 "gross" acres (including road right of way). The town plan does not permit non -conforming parcels to be further divided by Certified Survey Map for either new residential or commercial development. The current town plan also does not permit such parcels to be divided if they have an existing residence, or residences. It appears that the property was previously divided in a manner that may have been consistent with the town plan in effect at the time, but would not be so under the current plan. Currently, the property consists of at least four (4) separate parcels: Lot 1 of CSM 5440, Lots 1 & 2 of CSM 6996, and a metes and bounds parcel divided by HWY 12/18 (PIN 0612-031-8211). CSM 5440, and Lot 2 of CSM 6996 split off existing structures. Lot 1 of CSM 6996 (approx. 15 acres, zoned RH-3) is eligible for a single family homesite based on the current zoning of the property. The legal status of the parcel that was divided as a result of the highway realignment (PIN 0612- 031-8211) is in question. As of 5/3/79, the parcel was a non -conforming lot that has since been rezoned to RH-3, which permits a single building site. I would suggest that you submit a written request for a determination of the legal status of parcel #0612-031-8211 to the county Land Division Review Officer, Norb Scribner. If his determination is that the portion of the parcel north of HWY 12/18 is a legal parcel of record, the parcel will need to be rezoned out of RH-3, which has minimum parcel size of 8 acres, to an appropriate zoning district based on the size and use of the parcel. The town plan does not address situations where parcels are created by realignment of a highway, or other acts of local, state, or federal government. If the property is determined to be comprised of two legal parcels of record, the town plan policies on non- conforming lots from 5/3/79 suggest that only one of the two parcels would be eligible for a homesite or non -farm use.