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DCPCUP-0000-00921
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DCPCUP-0000-00921
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Last modified
6/30/2016 9:49:03 AM
Creation date
6/30/2016 9:48:58 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
00921
Town
Middleton Township
Section Numbers
35
AccelaLink
DCPCUP-0000-00921
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• <br /> MICHAELBEST <br /> &1 RJE CH May 21, 1991 <br /> Page 3 <br /> presently located within the subject residence and therefore <br /> does not satisfy that purpose. Furthermore, the provision <br /> provides that the ordinance is to "protect the interests of <br /> adjacent property owners. " The interests of a neighborhood of <br /> single-family residences are protected by preserving the <br /> single-family residential character of the neighborhood, free <br /> from commercial uses. The character of a neighborhood can be <br /> preserved if the activity is confined to within the residence <br /> and is not apparent or visible to the surrounding property <br /> owners. Retail sales of artwork and wine within a single-family <br /> neighborhood does not protect the interests of those who wish to <br /> preserve the single-family residential character of a <br /> neighborhood. With respect to the High Point Estates, it should <br /> be noted that no notice was given to the residents for the <br /> reason that they reside in the City of Madison and not the Town <br /> of Middleton and yet these parties are the closest to the <br /> proposed art gallery. Welton Enterprises, as the developer and <br /> a representative to the Home Owner's Association, is opposed to <br /> the proposed use for the reasons stated herein. <br /> B. Section 10. 192 (5) provides: <br /> " (5) The conditional use permit holder may be restricted <br /> to a service oriented business and thus prohibited from <br /> manufacturing or assembling products or selling products on <br /> the premises or any combination thereof. " <br /> The stated preference for service-oriented businesses and the <br /> power to prohibit such things as the sale of products indicates <br /> that certain activities associated with the sale of products <br /> would not be acceptable under the ordinance and not acceptable <br /> to the surrounding neighborhood. Activities which are <br /> associated with the retail sale of products, such as exterior <br /> appearance (i.e. , signage and night lighting) , traffic (i.e, <br /> ingress, egress and parking) , deliveries and a certain density <br /> of people which come and go to support the business are the type <br /> of activities that should not be found in a single-family <br /> residential area. It would appear from the ordinance that the <br /> permissible uses are to have no outside activity or appearance <br /> that would be detrimental to a single-family residence. <br /> The list of possible permissible uses is endless and <br /> includes such services as computer research or programming, <br /> accounting or bookkeeping, telephone sales work, surveying, <br /> etc. In this case, an artist who is producing artwork and <br /> arranges to have a studio within their residence would be a fact <br /> situation supporting the Limited Family Business designation. <br /> However, the distributor of artwork and wine to retail customers <br />
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