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MINUTES - Board of Adjustment <br /> December 20, 1979 <br /> Page 7 <br /> 4. Neither Section 10.26 (3) (a) - nor past practice of the <br /> Board require a licensed Wisconsin Attorney. <br /> The Board voted unanimously to deny the request to dismiss <br /> appeal #856. <br /> L. J. Enger, Zoning Administrator, presented, for the record, the his- <br /> tory of pertinent amendments to the Zoning Ordinance and events that <br /> led up to this appeal and hearing. <br /> IN FAVOR: of appeal #856. Attorney M. Cherry, agent for C.A.P. <br /> OPPOSED: Attorney R. Capwell for St. Joseph's College. <br /> REBUTTAL: M. Cherry. <br /> Harland Everson, State Representative, District #38, spoke in favor of <br /> holding hearings such as this. <br /> OTHERS IN FAVOR: of appeal #856 - Neils Hoegh Gulberg authorized by <br /> Town Board of Albion to speak in favor of the appeal, Ann Vance, George <br /> Sadelik, S.A. Jana, Richard Lokken, Sharon Jenson. <br /> A document of proposed finding of fact was presented to the Board by <br /> M. Cherry and a copy of the memorandum in opposition to the conditional <br /> use which had been given to the Zoning Committee previously, was sub- <br /> mitted to the Board by Attorney Bleck. Both documents were refused by <br /> the Board. <br /> Motion by Schwahn, second by Krushchke to find in favor of appeal #856; <br /> a prison is not a governmental use as provided by Section 10.12 (4) (b) <br /> Dane County Zoning Ordinance. The finding of fact shall be compiled <br /> in cooperation with the Dane County Corporation Counsel and shall respond <br /> to all points raised. <br /> FINDING OF FACT AND CONCLUSIONS: <br /> 1. The Board is not considering the fact that the Zoning Administrator <br /> may accept an application for a conditional use. <br /> 2. The question of Board jurisdiction in this appeal was previously dete <br /> mined, in the affirmative, by Board action on the request to dismiss <br /> this appeal. <br /> 3. C.A.P. is an organization representing an aggrieved individual or <br /> individuals; determined by the Board previously in the request for <br /> dismissal. <br /> 4. Question of: A correctional facility qualifies as a conditional <br /> use under the Dane County Zoning Ordinance. <br /> FACT: <br /> a. A general finding, as the statement /S worded, may not be given. <br /> Correctional institutions, prisons, etc. are not included in the <br /> conditional uses of any district other than A-1 Agricultural. <br /> iiirr <br /> - 7 - <br />