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MICHAELBEST &FRIEDRICH May 21, 1991 jai Page 2 1. Description of the Use. We have been advised that Ms. Newell and Mr. Larson intend to operate an art gallery which will be engaged in the sale of frames and framing and artwork. We have also been advised that Ms. Newell and Mr. Larson have applied for a Class A liquor license, which will permit them to sell wine and other distilled spirits. (Although Ms. Newell stated that her intention was to sell only wine and in connection with the sales of their artwork, there is no restriction under the zoning code or under the Class A liquor license that requires such a limitation. Thus, if a business opportunity existed to sell vintage or collector wines or if financial pressures required greater sales of wine, nothing under the zoning law or under the liquor laws would prevent or restrict increased wine sales. ) We have also been advised that the art gallery would have business hours of approximately 10 a.m. to 6 p.m. daily and evening hours during holidays. We have also been advised that the art gallery would host art shows with guest artists, presumably to promote the sales of artwork, framing and other merchandise held for sale. The proposed use is to be located on the entire lower level (except for the kitchen) of a large single-family residence that is located on a five-acre parcel of land presently zoned agricultural A-1. Arrangements would be made for parking and signage. A copy of the application, the supporting letter and the survey map are enclosed for your review. 2. The Use Does Not Qualify as a Limited Family Business. We have reviewed the relatively newly enacted § 10. 192 of the Dane County Ordinances (which provides for Limited Family Businesses) and have concluded that the uses contemplated by this application would be inappropriate under the provisions and stated purposes of that section. In support of that conclusion, we submit the following: A. Section 10. 192 (2) provides: " (2) A conditional use permit for a limited family business is designed to accommodate small family businesses without the necessity for relocation or rezoning while at the same time protecting the interests of adjacent property owners. " (Emphasis added. ) The language contained in the ordinance strongly suggests that it was intended to accommodate a second family income by permitting a limited business enterprise to be engaged in within the confines of an existing family residence. Thus, the family would not be required to relocate or to seek rezoning. The proposed use, which is a separate and freestanding use, is not