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MIcHAELBESr <br /> &FRIEDRICH IEDRICH May 21, 1991 <br /> w Law <br /> Page 4 <br /> is easily distinguished and simply not appropriate for a Limited <br /> Family Business. <br /> 3 . The Dane County Ordinances governing conditional uses <br /> provide at § 10.255 (g) that: <br /> "No application for a conditional use shall be granted by • <br /> the Zoning Committee unless such committee shall find that <br /> all of the following conditions are present: <br /> 1. That the establishment, maintenance, or operation of <br /> the conditional use will not be detrimental to or <br /> endanger the public health, safety, comfort, or <br /> general welfare. <br /> 2 . That the uses, values and enjoyment of other property <br /> in the neighborhood for purposes already permitted <br /> shall be in no foreseeable manner substantially <br /> impaired or diminished by establishment, maintenance <br /> or operation of the conditional use. <br /> Section 2 above provides that the use, value and enjoyment of <br /> other property shall in no foreseeable manner substantially <br /> impair or diminish the use, value and enjoyment of other <br /> adjoining properties. If the gallery and its sale of artwork <br /> and wine are successful, it is foreseeable that success will <br /> result in an active retail use being adjacent to single-family <br /> residences, with the effect of substantially diminishing the <br /> value and the quiet enjoyment of the surrounding properties. <br /> Ms. Newell and Mr. Larson stated that they could not afford to <br /> purchase the property without being able to conduct business <br /> within the residence. We assume therefore that the business <br /> must contribute, perhaps substantially, to the cost of owning <br /> such a large and distinguished house and therefore may generate <br /> significant commercial traffic. It is also foreseeable for <br /> someone to utilize the existing commercial activity as the basis <br /> for an argument in support of rezoning the property to permit <br /> other perhaps related commercial uses. It should be noted there <br /> are five (5) acres of undeveloped land included with the <br /> property. It should also be noted that the proposed use would <br /> not be permitted as a "home occupation" under A-2 zoning (see <br /> § 10. 126 A-2) and would appear to be permitted only under county <br /> zoning for B-1 Business District and C-1 Commercial District <br /> where permitted uses include "retail and service uses. " <br /> * * * * <br /> Mr. Welton first acquired the surrounding property 17 years <br /> ago and utilized two years in the planning process with both the <br />