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MICHAELBES'T <br /> &FRIEDRICH <br /> ,,,�,uroatLaw May 21, 19 91 <br /> Page 5 <br /> Town of Middleton and the City of Madison to carefully plan this <br /> development. The development has been reserved exclusively for <br /> single-family residential use and uses permitted under the R-1 <br /> zoning classification (such as parks, schools and churches) . It <br /> should also be noted that West Towne Mall is located less than <br /> one mile from this site and is surrounded by a variety of <br /> different retail uses and facilities. There are two points that <br /> should be made with respect to location. The first point is <br /> that the proposed art gallery and wine sales use should be <br /> located with the other retail uses, all of which have the <br /> appropriate zoning and land use designation. The second point <br /> is that a retail use such as an art gallery located so near such <br /> a major retail center may be able to exploit its close <br /> proximity, bringing many customers and much business to what is <br /> a single-family neighborhood. <br /> The Limited Family Business conditional use contains no <br /> restriction on activity level, hours of operation, signage, <br /> outdoor lighting and other aspects of appearance. There are no <br /> restrictions on the activities occurring out of doors or the <br /> noise that might be attributed to the business activity. <br /> Although an art gallery may, by its nature, suggest that it is <br /> an aesthetic and up-scale use, it nevertheless is a business <br /> engaged in for profit, which will require customers for it to <br /> survive and be successful. Furthermore, it is not clear from <br /> the records on file at the Zoning Administrator's Office that <br /> the sale of wine was part of the business plan. Mr. Welton did <br /> not know that wine sales and a liquor license were included as <br /> part of the use when he was first contacted. <br /> In summary, we believe that the facts in this case make the <br /> proposed use inappropriate for a Limited Family Business under <br /> § 10. 192 and further all of the standards required to be met for <br /> a conditional use cannot be met by applicants whose business is <br /> devoted to the retail sale of artwork, framing and wine. We <br /> respectfully request that the Zoning and Natural Resources <br /> Committee reject this application. <br /> Very truly yours, <br /> MICHA•• , BE FRIEDRICH <br /> "I 6 114474 <br /> Too B. Lins ro'th <br /> PLTBL-101 <br /> Enclosures <br /> cc: William J. Fleck <br /> Kenneth R. Welton <br />