2019/08/27 - OTHER - (NA) - Other

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5. Plaintiffs, BL McCann, BB McCann, Sears and Johnson are taxpayers and persons aggrieved by a decision of a board of adjustment,as those terms are used in Wis. Stat. § 56.694(10). 6. Defendant Burnett County Board of Adjustment is an administrative and quasi- judicial body created pursuant to Wis. Stat. §§ 59.69 and 59.694. The Board's principal location and address is the Burnett County Government Center, 7410 County Road K, Siren, WI 54872. 7. Jurisdiction and venue are proper in Burnett County under Wis. Stat.§ 59.694(10). 8. Pursuant to the authority expressed in the Wisconsin statutes, the Burnett County Board of Supervisors has enacted various county ordinances, including thefollowing: • Burnett County Shoreland Protection Ordinance, Section 45-381 ("Shoreland Ordinance"); • Burnett County Land Use Ordinance, Section 30-633 ("Land Use Ordinance"); and • Board of Adjustment Procedures Ordinance, Section 45-506 ("BOA Procedures Ordinance"). 9. Pursuant to Section 30-634, the Burnett County Board of Adjustment ("Board") is authorized to hear and decide requests for special exceptions (i.e., conditional uses) from the terms of the Shoreland Ordinance. The terms "special exception" and "conditional use" are synonymous under Wisconsin law and are used interchangeably in the Shoreland Ordinance, the BOA Procedures Ordinance and the Land Use Ordinance. 10. On or about May 9, 2019, Johnson submitted a conditional use permit application ("CUP Application") on behalf of all Plaintiffs seeking to use their property for the private camp grounds for their personal and private use of the Property. 11. The CUP Application was submitted under Section 45-386 of the Conditional Use Ordinance which requires a conditional use permit for a camping unit placed on a private lot for more than 30 days in any one calendar year. 12. Section 45-386(2)a requires one unit per lot. 13. The CUP Application requested one unit for one of the lots on the Property. 2