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°Now BOARD OF ADJUSTMENT MINUTES AUGUST 24, 1995 PRESENT: Quackenbush, Gaskill, Klopp, Dreps and Sayles ALSO: Gregorius and Reynolds . Meeting called to order at 6: 34 P.M. in Room 2-E by Chair Quackenbush to hold Public Hearing as published by Class II Notice. MINUTES: Gaskill/Sayles to amend minutes of July 27, 1995 to include Zoning Administrator James Gregorius to the list of attendees present . Motion carried 5-0 . c.AS::ILL/SAYLES to approve minutes of July 20, 1995 and minutes of July 27, 1995 as amended. Motion carried 5-0 . CLARIFICATION: Dreps and Gaskill, for the record, emphasized that findings of fact includes information from entire appeal submittals, not just Public Hearing testimony. AUGUST AGENDA ITEMS: #2657 . Appeal by the Village of DeForest of the decision of the Zoning and Natural Resources Committee regarding the issuance of Conditional Use Permit # 1237 within the extraterritorial jurisdiction of the Village of DeForest - Sections 10.26 (3) (6) , 10 .255 (2) and 10 . 13 Dane County Code of Ordinances . IN FAVOR: A. Reuter, R. Rudd OPPOSED: B. Kaufmann, C. Call, R. Pulvermacher, D. Manteufel Dreps/Sayles to deny requested appeal due Lo lack of jurisdiction in this matter. FINDING OF FACT: 1) . At issue is the granting authority of Dane County, in particular the Dane County Zoning and Natural Resources Committee in granting a Conditional Use Permit for a motel and truck stop within the Village of DeForest extraterritorial jurisdiction. 2) . Conditional Use Permit #1237 was granted by the Zoning and Natural Resources Committee on May 30, 1995 and that grant was upheld by the County Board on July 13, 1995. 3) . Written opinion by Dane County Corporation Counsel Cal tare Kornstedt, dated April 28, 1995 gives sole issuing authority to the Village of DeForest.