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/ V 1 Dane County Planning & Development 1 Room 116, City-County Building, Madison, Wisconsin 53709 Land Division Review 608/266-9086 Property Listing 608/266-4120 July 24, 1997 Surveyor 608/266-4252 Zoning Mr. Eric McLeod 608/266-4266 Vice Chairman Madison Country Day School 8000 Excelsior Dr. Madison, WI. 53717 RE: Madison Country Day School, CUP #456, Town of Springfield Dear Mr. McLeod: This letter is in response to your letter dated July 17, 1997 in which you requested a written determination that the operation of the Madison Country Day School at 5959 Martinsville Road in the Town of Springfield complies with the terms of Conditional Use Permit#456. The previous rezone petition (#3528) and Conditional Use Permit#456 involved the rezone to A-2 and RE-1 which became effective on November 12, 1985 while the conditional use permit became effective on December 17, 1985. In the RE-1 District a CUP was issued for a ball diamond "lighted at night" and sales of alcoholic beverages by the drink" with restrictions placed on hours of operation for ball games and other activities. In the A-2 District, a CUP *as issued for"religious uses" for the church, church school, parish house, priest's residence and cemetery, and a CUP was issued for "governmental use" of the school building near the ball diamond (which was labeled "Middleton School District" on the site plan submitted.) It should be noted that the conditional use permit for"governmental use" on the site has expired due to the fact that the governmental use was discontinued for a period of more than 12 consecutive months The Dane County Zoning Ordinance, Section 10.126 (A-2 Agriculture District) (3) (f),(j) and (n) distinguishes between private schools, religious uses which in Section 10.01 (51a) includes church related schools, and governmental uses which in Section 10.01(23h) includes schools. As the Dane County Zoning Administrator it is my responsibility to adhere to the provisions of the county zoning ordinance as written and in this particular situation I see no other way to interpret the provisions of the ordinance that currently exist other than to conclude that your school is not permitted under the existing conditional use permit. Your reference to your curriculum incorporating the study of religions is not, in my opinion, a basis to treat the Madison Country Day School as a religious school. I would assume that your curriculum may also incorporate civics/government history, etc. however I would not consider that a basis for treating your school as a governmental use.