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DCPCUP-2017-02373
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DCPCUP-2017-02373
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Last modified
5/9/2017 1:35:09 PM
Creation date
5/9/2017 1:04:19 PM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
02373
Town
Albion Township
Section Numbers
35
AccelaLink
DCPCUP-2017-02373
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March 20, 2017 <br /> 4IPage <br /> on the site,the concerns of the Public,and hopefully the Town on behalf of its constituents, <br /> should not be obsequious to the business desires of the applicant <br /> Finally,the statements made by Hoffman's representatives,illuminate the glaring <br /> holes in the CUP application Hoffman submitted to the Town. As discussed at the March 7 <br /> meeting,the application submitted to the Town was missing several key documents and it <br /> failed to provide information on numerous issues required by the Dane County Zoning <br /> Ordinance. The attached exhibit A, details the ordinance requirements for non-metallic <br /> mining conditional use permits and deficiencies (shown in red) in Hoffman's application. <br /> For these reasons we respectfully submit that the Town of Albion cannot approve <br /> Hoffman's conditional use application within the confines of the law,and the Town should <br /> instead deny the application to protect the public health,safety,comfort and welfare,to <br /> protect the uses values and enjoyment of other nearby property,and to protect normal and <br /> orderly development of surrounding property. <br /> However, if the Town were to grant a CUP to Hoffman,the following activities <br /> should not be included in any respect: <br /> 1. No storage of asphalt or asphalt batch plant on site. <br /> 2. No concrete batch plant on site. <br /> 3. No hauling on Hillside Road. <br /> 4. No washing operation on site. <br /> In addition,and at a minimum,the pre-conditions described in Mr. Fleming's <br /> correspondence should be complied with in advance of permit issuance and the conditions <br /> set forth on the attached Exhibit B should be imposed on any such permit. Please note that <br /> we fundamentally agree with the inclusion of listed conditions set forth in Mr. Fleming's <br /> correspondence. For reference, Exhibit B includes conditions that were copied verbatim <br /> from Mr. Fleming's correspondence,other substantially similar conditions and additional <br /> conditions are also included. Substantial conditions would certainly be better than relying <br /> entirely on Hoffman's goodwill to lessen the impact on the community of the proposed <br /> project. Ultimately,however,this project will have negative impacts on the Town in any <br /> form. We urge the Town to deny the application. <br /> Respectfully submitted, <br /> WH LER,VAN SICKLE& ERSON,S.C. <br /> 4 Just, W. Chasco " <br /> Dire t:608-441-3813 <br /> Jcha coPwheelerlaw.com <br /> 44 East Mifflin Street , Suite 1000 Madison_ WI 608 255.7277 www.w+heelerlaw.com <br />
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