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MINUTES - Board of Adjustment • • December 20, 1979 • Page 5 Assistant Attorney General, Charles A. Bleck requested that Chairman Harland Dahlk remove himself and abstain from taking any part in the appeal because he had appeared in opposition to the prison conditional use application at the public hearing held by the Zoning Committee on November 17, 1979. Mr. Dahlk refused to stand-aside and referred the matter to the Board Members. Motion by Purcell, second by Voges that H. Dahlk may chair the hearing and vote on the decision. FINDING OF FACT: 1. Mr. Dahlk had appeared at the Zoning Committee Public Hearing on the prison conditional use as representative of the Dane County Town's Association of which He is the Executive Secretary. Mr. Dahlk was obligated to represent the action taken by the Town's Association. 2. The matter before the Board is not the question to allow the prison or not to allow the prison in the Town of Albion. The question is; does the specific language of the Dane County Zoning Ordinance permit a state prison to be considered as a conditional use in the A-1 Exclusive District. Thus the question is on the interpretation of the Zoning Ordinance. CONCLUSION: There is no conflict of interest. Motion carried, unanimously. Request to dismiss appeal #856 by Assistant Attorney General C. Bleck. Motion by Voges, second by Krushchke to deny. DISCUSSION: IN FAVOR; TO DISMISS: Atty. C. A. Bleck IN OPPOSITION: M. Cherry, Atty. for C.A.P. FINDING OF FACT: 1. "C.A.P. is not an agrieved person" - Fact: C.A.P. is a duly organized corporation comprised of some, if not all, property owners in the area of St. Joseph's in the Town of Albion. Said area is subject to the Dane County Zoning Ordinance. 2. "There is no decision or order by the Zoning Administrator that is subject to review by the Board of Adjustment." Fact: Section 10.12 (4) (b) conditional uses in the A-1 Agriculture District (Exclusive) , permits "governmental uses such as police and fire stations, highway storage garages, solid waste disposal sites, schools, parks and campgrounds, airports and landing strips." A prison is not included. It was the decision and interpretation of Mr. Enger, the Zoning Administrator, that a prison could be included as a governmental use. Section 10.26 (6) (a) 1. provides that the Board of Adjustment has the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determina- tion made by a administrative official in the enforcement of section 59.97, 59.971, 87.30 or of any ordinance adopted pur- suant thereto. - 5 -