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March 20, 2017 3IPage and the creation of a condition that will decrease property values and impede the development and use of the surrounding property for nearly a decade (provided a second application is not later submitted to extend the use even longer) cannot be adequately addressed by conditions. The Dane County Zoning Ordinance clearly states that a CUP cannot be granted unless each of 6 enumerated conditions are present: § 10.255(2)(h)Standards. No application for a conditional use shall be granted by the town board or zoning committee unless such body shall find that all of the following conditions are present: 1. That the establishment,maintenance or operation of the conditional use will not be detrimental to or endanger the public health,safety,comfort or general welfare; 2. That the uses,values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That adequate utilities,access roads, drainage and other necessary site improvements have been or are being made; 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and 6. That the conditional use shall conform to all applicable regulations of the district in which it is located. It is Hoffman's burden to demonstrate that the forgoing requirements have been established. This burden has clearly not been met. Furthermore,the time period provided for the public to offer additional comments and proposed conditions was simply not long enough. Many of the people whose homes will be affected by the proposed project are still struggling to understand the scope and nature of the proposal. The Town appears to be rushed to reach a decision on the applications,ostensibly so as not to delay 1-90/39 construction. However,the roadwork timeline is simply not relevant. The Town of Albion is considering a CUP application for a non-metallic mine within the township-not whether or not 1-90/39 should be expanded or whether Hoffman is the appropriate contractor for that job. As was clearly stated at the meeting,the road work will go on and Hoffman will be the contractor,regardless of whether the Town approves or denies the permit application. While Hoffman may be eager to start operations 44 East Mifflin Street Suite 1000 j Madison.WI 53703 608.255.7277 www.wheelerlaw.com