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Page three Board of Adjustment March 10, 1972 children, even temporarily, in one of these homes and if so explain temporarily. Glesner We do not plan for more than 5 in one home, there may have been but this was due to construction in the homes. We also would like to clarify the proposed building of up to 26 homes. This was just preliminary planning as is the case in many instances. Browndale has plans for only 6 homes in the Cottage Grove area. In conclusion: The question before us is if this use is regulated by the ordinance and if it is not, any restrictions on Browndale are unconstitutional. Question: Glesner Do any of the members of the Board of Adjustment own property in the Town of Cottage Grove? Erickson I do Holte No Dahik • OTHERS OPPOSED: None Attorney Schneider Appeals may be taken to the Board of Adjustment by a Eigreived person, or by any officer, department or bureau affected by the decision of the zoning supervisor. The first Browndale home in the Town of Fitchburg was required to have a site approval, later, the interpretat' •n of the corporation Counsel's office said it was not required. Inter- pretation is based on definition of single family - when persons live in - dWelling for only 12 hours at a time, it does not constitute a singly family dwelling. In compliance with 48.60 of the Statutes, Browndale is licensed as a child welfare agency and not under foster homes. The Browndale home in Deerfield has 8 children in it, how can this be under t - ordinance? How can an interpretation be made if no one knows they (Browndale) are present? Glesner Attorney Schneider brought up State licensing, irrespective of State licensing, determination must be based on permitted use. Browndale is not contesting the rightof people to be heard. Our sole contention is that the ordinance may not be amended, at this hearing, only interpreted. Attorney Schneider we are not so naive to think that we have an ordinance someone is exempt from. Mr. Brei spoke again but Cbai n Ericon ruled his remarks "not to the ��est�.on"2t usse cCar ,y Supervisor District ii, question raised is if this is a permitted use - do not believe it is in the A-1 district. Don Ubbelohde, Clerk, Town of Cottage Grove also Fire Inspector, even if • the zoning were correct the specifications for the buildings fire walls, etc. are different from A-1 or R-1 requirements. Erickson Attorney Glesner for clarification of single family as use i-' n the ordinance would you interpret this as 5 people residing in one dwelling over a 24 hour period or, changes of personel in shifts? Glesner Ours is a theraputic family comprised of the five children . residing in the unit served by professional people. We feel that the question is not of the interpretation of "single family" but the sole question is, is our proposed use regulated by the County Ordinance We are obviously restrained from our proposed use as foster homes or child welfare institutions. Question Glesner What is the interpretation of the Zoning Supervisor? Glen Henry Corporation Counsel suggested that the Board of Adjustment have copies of the interpretation of the Zoning Supervisor made available to the Board and both parties. Motion by Dahlk, second by Holte, carried. To have copies of the interpretation of the Zoning Supervisor made available. Attorney Schneider we are overlooking the fact that the A-1 Agricultural District does not permit this. use. Attorney Glesner Where in the ordinance is our use permitted? Attorney Schneider in the R-4 Multi-Family Attorney Glesner Nowhere in the R-4 District are foster homes or child welfare institutions specifically permitted. 1 TOWN BOARD: Gene Skaar, Chairman The Town Board does unanimously ask 16 TOWN a zoning hearing at the County level. Chairman Erickson entertained a motion to hold in abeyance any decision on the appeals heard at the public hearing #167 and #168 - decision