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377 <br /> Towne, Jason <br /> PeCr ‘PtFrom: Thomas-Schmidt, Stephanie - Gj^ <br /> Sent: Monday, August 5, 2024 1:14 PM lJ rra. hb a 7 <br /> To: Towne,Jason <br /> Subject: FW: Burnett County's Trade Lake Variance Situation <br /> Attachments: VAR-24-14 (002).pdf; Simonsenplattdeeds.pdf; Dumpster(002)jpg; GIS Map Lot 14.pdf <br /> From: Flamang, Nicole M - DNR<nicolem.flamang@wisconsin.gov> <br /> Sent: Monday,July 22, 2024 2:30 PM <br /> To:Thomas-Schmidt, Stephanie<Stephanie.ThomasSchmidt@BurnettCountyWl.gov> <br /> Cc: Flamang, Nicole M - DNR<nicolem.flamang@wisconsin.gov> <br /> Subject: FW: Burnett County's Trade Lake Variance Situation <br /> Good afternoon, Stephanie <br /> Yes,you are correct that there is an easement for public access to Trade Lake from the plat of Little Trade Lakes Plat <br /> Subdivision in 2018 On page 2 of the plat, the Town approved the plat by resolution dated June 6, 2018. Because the <br /> town approved this plat, any dedications make on behalf of the public vests interest to the Town in trust for the public; <br /> in this case: the easement along the western edge for public access to water. (Wis Stat 236.29 (1) and (2).) <br /> The underlying fee is privately owned,the easement has been granted to the Town for the public. The concern the DNR <br /> has is with the placement of a private structure on a public way to water. It could be argued that the placement of said <br /> structure could be a reduction in access and would trigger DNR jurisdiction under Wis Admin Code NR 1.92. This is <br /> where the Township comes in. Since the easement is vested with the Town, it is the town's duty to ensure that <br /> easement remains available to the public. If a reduction in public access to water were to occur, it would the Town's <br /> responsibility to mitigate the loss to the public under the procedures in NR 1.92. <br /> Property owner Simonsen applied for the variance not the garbage company.The dumpster was already in placed on the <br /> easement area and neighboring property owners' property. Enclosed is a copy of the variance application.You can see <br /> the surveyor marked where the dumpster was and were they wanted to the dumpster to be fully on the easement <br /> area. DNR believes there maybe be alternative locations for the dumpster and its enclosure that would not impede <br /> upon the rights held by the public for the easement where the dumpster is currently located. <br /> Wis Stats 66.1006 The Department of Natural Resources approval for discontinuance. No Resolution, ordinance,order, <br /> or similar action of a town board or county board, or of a committee of a town board or county board, discontinuing any <br /> highway street, alley, or right-of-way that provides access to any navigable lake or stream shall be effective until such <br /> resolution , ordinance, order or similar action is approved by the department of natural resources. <br /> In the conversations I have had with the Town Chair,they are not prepared to mitigate any loss to the public for a <br /> reduction in public access and therefore is unlikely to be in favor of the variance. <br /> Thanks, <br /> Nikki <br /> 1 <br />