Fiscal Note
No City appropriation required.
Title
Authorizing the execution of a partial release of a platted “Building Construction Envelope” on Lot 29 of the Stonefield Ridge subdivision located at 5 Hodgson Court (District 19).
Body
PREAMBLE
The parcel at 5 Hodgson Court is developed with a two-story single-family residence located on Lot 29 of Stonefield Ridge, a subdivision plat recorded on July 20, 1988 that created 68 lots for single-family residences.
As part of the platting of Stonefield Ridge, a number of conditions were imposed by the Plan Commission and Common Council to limit the subdivision’s impact on the existing mature trees located along portions of the northern and eastern edges of the 31.2-acre development parcel. Those conditions included the creation of “Building Construction Envelopes” on Lots 28 and 29, which were identified as the areas on those lots in which residences could be built. Land disturbance outside of those envelopes is prohibited per a note on the final plat.
Upon recording of the final plat of Stonefield Ridge with the building envelopes, setback lines, and tree management zone required by the City as conditions of subdivision approval, those elements became restrictions for public benefit. Restrictions for public benefit are governed by Section 236.293 of Wisconsin Statutes, which states: “Any restriction placed on platted land by covenant, grant of easement or in any other manner, which was required by a public body or which names a public body or public utility as grantee, promisee or beneficiary, vests in the public body or public utility the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction.” Such a restriction may be released or waived in writing by the public body or public utility having the right of enforcement.
The current owners of 5 Hodgson Court, David C. and Robin R. Jelinek, are requesting to amend the building...
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