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TOWN OF MIDDLETON 7555 WEST OLD SAUK ROAD VERONA,WI 53593 (608) 833-5887 November 5, 1997 To: Town Board Plan Commission From: Greg LaFond Town Administrator Subject: Kane Conditional Use Permit Application An item before the Plan Commission on November 5, 1997, involves a request from David and Lori Kane of Twin Valley Road for a Conditional Use Permit for an in-home business, namely a beauty shop. The Kane property is currently zoned A-1. Dane County zoning regulations allow for home occupations. Section 10.12(2) of the Dane County Zoning Ordinance provides as follows: (2)Permitted uses. (d)Home occupations, as defined in section 10.01(25). Section 10.01(25) of the Zoning Ordinance sets out a number of criteria for home occupations, all of which must be met in order to comply with the ordinance.. It is clear that the operation of the beauty shop/hair salon does not meet a large number of the mandatory criteria for home occupations. Therefore,the Kanes have applied for a"Conditional Use Permit"or CUP Section 10.12(3)(p)of the Zoning Code which provides for the issuance of a CUP for"Limited family businesses subject to s. 10.192." Section 10.192 appears to allow for the consideration of a CUP. However,the Commission should be aware of several items including: 1)The attached letter from the Middleton Fire Department. 2)The business is located in an accessory building for which no building permit was issued as far as the Town can determine. 3)The accessory building has experienced substantial modification without any approvals or building permits. 4)It appears that David Kane may be operating a second business from the same facility. 5)The adjoining property owners have contacted the Town office and registered opposition to the CUP. 6)The approval of the CUP is not consistent with the original use of the property.