2018/03/28 - OTHER - (NA) - Note

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attached email dictating that both the order and the violation were in place before 2015 WI Act 55 and thus the old standards applied. SB also dispelled the attorney's claim that the property had been previously developed. Since the property was not in violation in 2009, the 10 year statute of limitations also could not apply. October 14, 2016 — Paul Kent returned a rebuttal letter stating they will continue with the Act 55 Buffer Standards and ignore our order. November 28, 2016 — A site visit was made that indicated the property was still in violation of our order. June 13, 2017 — Another site visit made that showed a large amount of gully erosion entering McKenzie lake. A new patio had been built next to the lake without a permit as well. No sufficient erosion control measures in place. June 14, 2017 — Citation issued. See attached. September 12, 2017 — Site visit; silt fence placed. Some erosion control laid down. Patio still exists. Still a large amount of exposed ground present with some runoff. October 4, 2017 — Site visit; most of the lot is seeded and covered. Buffer still less than required minimum per agreement. Patio remains. March 6, 2018 — Linahons send a check for $125 saying it is for the patio. No application present. Fee is inaccurate for structures permitted under SS 59.692(1v). Check returned with an explanation as to why. March 20, 2018 — Linahons send an application for a land use permit for a 59.692(1v) structure with a fee of $700. (double). They wish to keep 200 square feet of the patio by the lake. March 27, 2018 — Site visit by SB to verify site conditions. It appears the deck from the home that was built is at 71' to the OHWM. This would indicate that the application could not be granted as applied for since there is already structure within the setback to McKenzie Lake Ordinary High Water Mark. Buffer still not in compliance (apparently). Shane Buchholz Burnett County Zoning and POWTS Specialist