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Dane County Planning & Development <br />Room 116, City -County Building, Madison, Wisconsin 53709 <br />December 18, 2000 <br />Attorney Jesse S. Ishikawa <br />P.O. Box 2020 <br />Madison, Wisconsin 53701-2020 <br />Re: LAND DIVISION (Patrick) <br />SW1/4 S27 T5N R8E <br />Town of Montrose <br />Dane County <br />Dear Attorney Ishikawa: <br />Land Division Review <br />608;266-9086 <br />In response to your communication of December 5, 2000 (copy attached), please <br />note the following: <br />1. There is no dispute that Lot 1, Certified Survey Map # 5371 is a valid legal <br />parcel of record, currently zoned A-1 Agriculture (Exclusive), and enjoying the <br />non -conforming status provided by S.10.16(3)(a), Dane County Code of <br />Ordinances. Accordingly, the existing single family residence is clearly a <br />permitted use, and this parcel can be separately conveyed without further <br />approvals. <br />2. # 0508-273-8722-6 was created as a separate legal entity of greater than 15 net <br />acres in area at a time when a certified survey map approval was not required for <br />a parcel of this size. Accordingly, # 0508-273-8722-6 is a separate legal parcel <br />with respect to the provisions of the Dane County Land Division Regulations, and <br />a certified survey map approval is not required to accomplish a conveyance of <br />this property. <br />3. It has been represented that # 0508-273-8670-9 was consolidated with # 0508-273- <br />8702-0, pursuant to S.236.45(2)(a)3., Wisconsin Statutes. That consolidation was <br />consistent with the statutory provision. However, the readers of S.236.45(2))a)3. <br />invariably stop after "the sale or exchange of land between owners of adjoining <br />property." The provision "if additional lots are not thereby created" is often <br />dismissed as inapplicable. Factually, # 0508-273-8670-9 was created as an <br />additional lot without the required certified survey map approval. <br />4. The Courts have consistently advised that S.236.45(2)(a)1., Wisconsin Statutes is <br />not to be interpreted so as to frustrate the regulatory process. <br />5. # 0508-273-8670-9, # 0508-273-8702-0 & # 0508-273-8722-6 are each zoned A-1 <br />Agriculture (Exclusive), and considered by Dane County to constitute a single <br />zoning lot (S.10.01(36a), Dane County Code of Ordinances). The interpretation of <br />the definition of "zoning lot" is a function of the Dane County Zoning <br />Administrator. <br />