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Zoning contradiction called ‘scrivener’s error’ PDF Print E-mail
Written by MARK JAEGER   
Wednesday, 20 May 2015 18:20

It took more than a little detective work, but a solution may be close for a cabinetmaker who wants to use a vacant property on Highway 33 in the Town of Saukville.

Mike Farina approached town officials in March asking that he be allowed to use the former metal stamping shop at 3335 Hwy. 33 as a milling operation for his cabinetmaking business.

Those plans were blocked when town officials noted confusion over whether the property was zoned for manufacturing or agricultural/residential use.

Without manufacturing zoning, the milling operation could not be allowed according to the town’s zoning code.

Although the land has been assessed as a manufacturing property since 1991, at least one zoning map shows the parcel with agricultural zoning.

That led Farina and town Plan Commission member Jeff Bell, who works for the Ozaukee County Land and Water Management Department, to do some research on what is the most current land-use map.

Bell told the commission last week that there seems to be no official record in the form of town minutes of a zoning change ever being approved for the property.

If that is the case, he said the map showing the parcel being changed from manufacturing could be attributable to a “scrivener’s error” ­— that is, a recording error made in the creation of the map.

Bell said if town officials concurred, a simple notation could correct the error and  Farina would not have to go through the more involved process of having the zoning of the property changed.

If such an error is claimed, and assuming a proposed town ordinance on conditional-use regulation is also adopted by the Town Board next month, Farina said he planned to appear before the Plan Commission in July asking for a permit to operate the woodworking mill.

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