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2016/10/18 - OTHER - (NA) - Note
Burnett-County
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TOWN OF SCOTT
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18874
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2016/10/18 - OTHER - (NA) - Note
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Last modified
3/6/2020 9:11:57 AM
Creation date
9/28/2017 3:51:34 AM
Metadata
Fields
Template:
Property Files v2
Document Date
10/18/2016
Document Type 1
OTHER
Document Type 2
(NA)
Document Type 3
Note
Tax ID
18874
Pin Number
07-028-2-40-14-36-5 05-002-013000
Legacy Pin
028413603000
Municipality
TOWN OF SCOTT
Owner Name
DANIEL R & JULIA Y LINAHON
Property Address
27468 HILL RD
City
SPOONER
State
WI
Zip
54801
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Stafford Rosenbaum LLP <br /> Member of LEGUS International Network of Law Firms <br /> Paul G.KentD E(;".%E�IsE <br /> 222 West Washington Avenue,Suite 900 <br /> P.O.Box 1784 0 C T 1 S 2016 <br /> Madison,Wt 53701-1784 01 <br /> pkent@staffordlaw.com BURNETT COUNTY <br /> 608.259.2665 ZONING <br /> October 7, 2016 <br /> VIA EMAIL AND U.S. MAIL <br /> Mr. Shane Buchholz <br /> Burnett County Zoning Specialist <br /> 7410 County Rd. K #102 <br /> Siren, WI 54872 <br /> RE: Linahon Property <br /> Dear Shane: <br /> Thank you for your detailed response and additional information. I want to emphasize <br /> that neither I nor my client wants to be difficult here. They remain willing to reestablish <br /> a vegetative buffer and will be working on that in the coming weeks. My point in my <br /> earlier email was that with the changes to the shoreland zoning statute the county has less <br /> authority. And while I think there are legitimate arguments that no buffer would be <br /> required here, what we are really trying to work out is to do a plan that is more <br /> reasonable in scope. <br /> With that as overview, let me respond to your points. First, you have described that <br /> inspections and discussions were held in May 2015. (1 now see that I was referencing the <br /> inspection by Cheryl Clements not by you). Nevertheless, these discussions and photos <br /> are consistent with my point. The clearing of the vegetation zone occurred before <br /> July 14, 2015, the effective date of the Act. You argue that the Linahons were required to <br /> abide by the laws that were in effect the day the violation took place. But I read the <br /> statute as a grandfather provision. Wis. Stat. § 59.692(1 f) says, "A county shoreland <br /> zoning ordinance may not require a person to do any of the following: 1. Establish a <br /> vegetative buffer zone on previously developed land." It looks like this shoreland was <br /> developed before July 14, 2015. When you look at other grandfather provisions in the <br /> statutes, such as the recent pier law, there was an exception for prior violations. Wis. <br /> L:DOCS\029226\000001\CORR\3BA4167.DOCX <br /> 1014161506 <br /> Madison Office Milwaukee Office <br /> 222 West Washington Avenue 608.256.0226 1200 North Mayfair Road 414.982.2850 <br /> P.O.Box 1784 888.655.4752 Suite 430 888.655.4752 <br /> Madison,Wisconsin Fax 6082592600 Milwaukee,Wisconsin Fax 414.9822889 <br /> 53701-1784 www.staffordlaw.com 53226-3282 www.staffordlaw.com <br />
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