Waunakee board approves mutual deed restriction tied to proposed Durst land swap

The Village of Waunakee approved a mutual deed restriction that would apply to lands involved in a proposed conveyance with the Durst family near Woodland Drive and Mill Road, with the board making approval contingent on completion of the land swap.

Staff explained the deed restriction was drafted to address prior fence encroachment, preserve conservancy uses and limit new development. "If we were to swap land with them... the only building that would be allowed on the property that we would convey to them would be a stable for horses," staff said, describing restrictions tied to conservancy zoning and additional language intended to prevent fences that block stormwater flows to Six Mile Creek.

Staff told trustees the Department of Natural Resources (DNR) has been engaged in the process and that the DNR must sign off on the exchange because some village land is subject to DNR restrictions. Appraisals were done for both parcels, and staff said the swap balances value and acreage according to those appraisals.

Trustees and nearby residents raised concerns about perceived owner benefit from prior encroachment and the potential that a stable or other improvements could enhance private property value. Staff noted that if a structure were built, it would create taxable value that benefits the village and reiterated that the village could require the fence removal instead of pursuing a swap.

After discussion a trustee moved to approve the mutual deed restriction as drafted, contingent on the parties completing the conveyance and necessary DNR approvals; the motion was seconded and approved by voice vote.