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DCPCUP-0000-00364
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DCPCUP-0000-00364
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Last modified
2/7/2017 7:57:31 AM
Creation date
2/6/2017 3:51:54 PM
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
00364
Town
Burke Township
Section Numbers
8
AccelaLink
DCPCUP-0000-00364
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Dane County Agriculture <br /> Page Three <br /> February 28 , 1984 <br /> to purchase acreage which connects with County Trunk CV in <br /> order to create two accesses to this property; one off of <br /> Acker Road and one off of County Trunk CV. As such, potential <br /> customers can approach from Acker Road, from either direction <br /> off of CV and from either direction off of U .S. Highway 51 . <br /> We submit that this kind of ingress and egress will substantially <br /> minimize any potential for increased traffic as the result of <br /> the operation of this particular business. We also submit that <br /> the primary use of U.S. Highway 51 by this establishment will <br /> come at times when that highway is otherwise receiving light <br /> use. Even if that were not the case, the increase in traffic <br /> caused by this business location would amount to less than <br /> 11% based on the 1981 figure quoted by Mr. Callaway. <br /> I cannot conclude that the establishment and operation of <br /> this proposed business would in any way be detrimental to or <br /> endanger the public health, safety, comfort or general welfare <br /> or that the establishment of the conditional use would impede <br /> the normal and orderly development and improvement or use, <br /> value or enjoyment of surrounding property. The committee <br /> need only view that surrounding property to see that it is <br /> principally commercial and that these businesses operate <br /> principally from 9 : 00 a.m. to 5 : 00 p.m. The principal business <br /> expected by Mr. Skalitaky at this location would occur between <br /> the hours of 8 : 00 p.m. and 1 : 00 a.m. The property will be <br /> substantially improved at great expense and the result of that <br /> should be substantially to upgrade the nature of this property <br /> and have a positive affect on property values for the adjoining <br /> properties. <br /> It is true that the planning commission for the Town of <br /> Burke voted on January 17 , 1984 to deny the issuance of a <br /> beer license. This denial came after a public hearing which <br /> was not attended by a full board and at which time Mr. <br /> Skalitzky was not represented by counsel. At the public <br /> hearing held before the Town Board on January 31, 1984 , Mr. <br /> Skalitzky was represented by counsel. At that time a full and <br /> complete explanation of Mr. Skalitzky' s plans were submitted <br /> to the board along with petitions from a significant number <br /> of near by business owners voicing approval of the issuance <br /> of the beer license. Based upon that information the board <br /> voted in favor of issuance of the beer licnese and of the <br /> required conditional use permit. As you are aware that vote <br /> did not constitute an over-ride of the recommendations of <br /> the planning commission but, rather, was the opinion of the <br /> elected representatives of the citizens of the Town of Burke. <br /> Finally, It is beyond this writer as to how Mr. Callaway <br /> can make any comparisons between the business which my client <br /> proposes and one which was operated by entirely different people <br /> years ago at an entirely different location in the Town of Burke. <br />
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