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Committee approves Blackberry rezone with slope restrictions and right-of-way dedication

Dane County Zoning and Land Regulation Committee · July 14, 2026
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Summary

The committee approved a rezone for G V Blackberry LLC in the Town of Black Earth with two conditions: building envelopes to prohibit development on slopes of 15% or greater and dedication of a remnant parcel to town road right-of-way.

Staff returned a rezone petition for G V Blackberry LLC (Town of Black Earth) after neighborhood and site-suitability concerns at an earlier hearing. The staff recommendation endorsed approval subject to two conditions: the certified survey map must designate building envelopes that prohibit development on slopes over 15 percent, and a remaining remnant parcel on the east side would be dedicated as town right-of-way.

Committee members discussed the applicant's unwillingness to pre-record envelopes but accepted staff’s explanation that the CSM could record enforceable building-envelopes during the land division. Supervisor Jeffrey Kronig moved to approve with the two stated conditions and Supervisor Don Posler seconded; the motion passed unanimously. Staff said the mechanism to enforce the slope prohibition is recording building envelopes on the CSM and that future development would be guided by those recorded limits.

The conditions aim to balance infill residential development against steep-slope and erosion concerns while clarifying the town and county expectations for future parcel development.