Tyrol Basin – Conditional Use Permit Application Update

Date: October 5, 2018

There has been a high level of interest in the current Tyrol Basin CUP application and a special meeting of the Plan Commission is scheduled for Monday October 8^th, 2018 at 6:00 p.m. to continue its review of the application. The current CUP application documents can be found via the links noted below. The current CUP that has been submitted for consideration is for outdoor lighting of the proposed tubing area.

Please note that the current application does NOT include a request for any revisions to the 2000 Covenant of Deeds.

In mid-August, the Town plan commission received a summary review of current approvals for Tyrol Basin from Dane County zoning which is also available for review on the Tyrol Basin citizen outreach page of the Town of Vermont website. At that time, there was no reason to question that summary. Recent concerns expressed regarding the CUP currently in front of the Town prompted a thorough review of all historical applications and town actions related to Tyrol Basin. Given Tyrol’s history, the file is quite extensive and on Friday October 5^th, two documents were located that call into question Dane County’s recording of Conditional Use Permit #1632 approved by the Town of Vermont on August 9, 1999 and approved by Dane County on May 23, 2000. It appears that there are discrepancies between the legal description, the document text and Dane County’s recording/mapping of the CUP area for the 2000 CUP. Included for your review are the following documents:

• The August 9, 1999 meeting minutes
• The August 1999 site plan which is referenced in the aforementioned 1999 meeting minutes
• The Town Board action report submitted in May of 2000 to Dane County

All three of these documents indicate that CUP 1632 for outdoor lighting applies to all contiguous RE-1 property which includes the proposed tubing area. CUP 1632 references further restrictions through the instrument of the 2000 Covenant of Deed Restrictions. The 2000 Covenant of Deed Restrictions also references the full RE-1 area and lists snow slides as an approved activity where outdoor lighting is permitted. In discussions Friday October 4, 2018 with Dane County zoning staff, they acknowledge the discrepancy and are awaiting a determination from zoning administration. It is important to note that the Town has made a decision to be under Dane County Zoning, and thereby we adhere to a set of defined zoning districts as well as procedures that determine how all Land Use applications are reviewed and recorded.

The Wisconsin Towns Association legal counsel recommends that the special meeting of the Plan Commission still be held on Monday October 8^th to give all of the commissioners the opportunity to review the documents relevant to the prior CUP application and to make a recommendation for the Town Board regarding how to proceed with the current application.

In the interest of transparency, Doug Meier, the Plan Commission chair and I determined that it was of utmost importance that this historical information be made available to all interested parties immediately.

Karen Carlock - Chair
Town of Vermont