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BOARD OF ADJUSTMENT - Minute.: December 20, 1979 Page 6 _ I 5. That the Appellants believe they will potentially suffer a diminution in value of their lands if St. Joseph' s Seminary is converted to a prison; that the Appellants believe they will otherwise suffer damages, whether physical or mental, if St . Joseph's Seminary is converted to a prison. 6. That Chairman Dahlk appeared before the Dane County Zoning Committee on November 17, 1979, in opposition to the granting of Conditional Use Permit #189 which was a request to allow the con- version of St. Joseph's Seminary into a prison; that such appearance by Mr. Dahlk was made on behalf of the Dane County Towns Association of which Mr. Dahlk is the Executive Secretary; that such appearance did not represent the personal views of Mr. Dahlk; that Mr. Dahlk has stated that he believes he is unbiased in this matter; and that the issues before this Board are entirely different than those before the Zoning Committee. 7. That Mr. Myron Cherry appeared before the Board in this matter as an Attorney for the Appellants; that Mr. Cherry is not licensed to practice law in the State of Wisconsin; that parties often are represented before this Board by persons who are not licensed as lawyers. 4L, Upon applying its interpretation of the Dane County Zoning Ordinance to the above facts, the Board makes the following CONCLUSIONS: 8. That the appeal in this matter is timely. 9. That the appellants are aggrieved persons within the meaning of section 59.99(4) , Wis. Stats. , and section 10.26(3) (a) , D.C. Ords. 10. That the action of the Zoning Administrator in accepting an application for a conditional use permit to convert St. Joseph's Seminary in the Town of Albion, Dane County, to a prison constituted a decision from which an appeal might be taken under section 59 .99 (4) , Wis. Stats. , and s. 10.26(3) (a) , D.C. Ords. 11 . That this Board lacks the authority to decide whether or not Mr. Cherry's appearance before this Bcard in this matter constituted the unauthorized practice of law and that the Board does therefore decline to decide the issue. 12. That lands zoned Exclusive Agricultural under the Wisconsin Farmland Preservation Act, as is the case with the lands in question here, may be used for the operation of a prison if otherwise permitted by local zoning ordinances; that the Dane County Zoning Ordinance does not allow the operation of a prison as either a permitted or conditional use on lands which are (NW zoned as Exclusive Agricultural. 13. That Chairman Dahlk has no conflict of interest which can be construed as requiring his abstention in this matter. The actions are further discussed in the attached Memorandum Decision. - 6 -