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• • MINUTES - Board of Adjustment December 20, 1979 Page 6 Ihme 3. "The Zoning Committee has exclusive jurisdiction to determine whether a correctional institution is permitted in a A-1 Agricultural District (Exclusive) , as a conditional use". FACT: The Zoning Committee does have authority to decide if a use listed as a conditional use may be permitted in a given area. See Section 10.255 (2) (b) - Dane County Zoning Ordinance. Said authority pertains only to making the decision on whether or not the proposed use meets the required standards as provided by the Zoning Ordinance - see Section 10.255 (2) (g) . The Zoning Committee does not have the authority to decide which uses shall be listed in the Zoning Ordinance as permitted condi- tional uses. This authority is relegated to the County Board and due process of Ordinance amendment. 4. "The appeal filed by Attorney Cherry should be dismissed be- cause Attorney Cherry is not licensed to practice law in this state". FACT: Section 10.26 (3) (a) - Dane County Zoning Ordinance pro- vides that appeals to the Board of Adjustment may be taken by any person aggrieved by any officer, department, board or bureau of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of ' the board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifyi g the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The Board, in the past, has not required applicants to be repre- sented by a licensed Wisconsin Attorney but has recognized indivi- duals on their own merit as owner, tennant, etc. or their agent. CONCLUSION: 1. Property owners in the proximity of St. Joseph's have a right to be concerned about any question pertinent to land use in their area. They, also being subject to the Dane County Zoning Ordinance, in the broader sense, have a right to be concerned about said Ordinance. A corporation of which one or more of its members qualify as concerned, aggrieved, etc. , may represent the member/s before the Board of Adjustment. 2. The Board of Adjustment recognizes that a decision or inter- pretation was made and that as per Section 10.26 (6) (a) 1. Dane County Zoning Ordinance the Board has jurisdiction to hear an appeal from such decision or interpretation. 3. The appeal before the Board of Adjustment is an appeal from a decision or interpretation by the Zoning Administrator. Such an appeal is not within the jurisdiction of the Zoning Committee but is within the jurisdiction of the Board of Adjustment as per Section 10.26 (6) (a) 1. - Dane County Zonin ; tar Ordinance. - 6 -