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Comments regarding the proposed Conditional Use Permit were submitted by the Regional Planning Commission and Environmental Health (see Attachment F). We note the following statement from Environmental Health: "There is no information in our file regarding the age, size or construction of the existing private sewage system. The proposed business is considered an increase in wastewater discharge to the existing system." NOTE: We appreciate the comments of Environmental Health.However,we suggest that the comments miss the relevant points this is not a proposed business, this is an existing business which has operated for some time without approval and in contradiction to the Zoning Permit issued by Dane County in 1991. Furthermore, who authorized the installation of plumbing devices in the accessory building and the connection of these devices to the septic system? The Town of Middleton requested answers to this question in a letter to Ms. Lori Kane dated January 7, 1998 (see Attachment G). To date, the Town of Middleton has received no documents or response to our letter. On January 6, 1998,the Zoning and Natural Resources Committee postponed action on the Conditional Use Permit"until such time that an inspection of the private sewage system is conducted and the submittal of othe;.pertinent information." On January 13, 1998, the Kanes attempted to respond to ZNR Committee concerns regarding the septic system by providing the information contained in Attachment H. We suggest that the information provided by the Kanes reflects no response to the Committee's concerns. Summary The real issue before the Zoning and Natural Resources Committee is not the approval or disapproval of the Kanes request for a Conditional Use Permit for a limited family business. The request cannot, and should not, even be considered in light of the conditions attached to the original Zoning Permit. The Kanes undertook a deliberate and consistent approach to violating the Zoning Permit. The approval of an unauthorized act does not result in legitimizing the unauthorized act. The request by David and Lori Kane for a Conditional Use Permit for a limited family business located in the accessory building on their property simply represents an after the fact attempt to justify the construction and occupancy activities which have occurred since 1991. Virtually all of these activities are in violation of the original Zoning Permit and Certificate of Compliance issued by Dane County. 6