2020/09/18 - LAND USE - LUP - Other - APP-20-03

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' Provide description and location of all nonconforming structures/improvements and uses on the parcel: They are all vacant lots —no nonconforming structures Provide Burnett County Ordinance section(s)for which you are appealing(section number and text): Section 45-386(b), Section 30-85(3) and Section 30-543(b) Provide detailed written statement that specifically identifies what is being appealed: CUP #20-11 was submitted under Section 45-386(b) 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. There were no conditions in the ordinance that the applicants either did not or could not meet. The committee never even discussed the conditions and yet denied the CUP. Wis. Stats. 59.69(5e)(b)(1) is quite clear. It provides that "[i]f an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the county ordinance or those imposed by the county zoning board, the county shall grant the conditional use permit." The word "shall" eliminates the discretion of the board in cases like this where the applicant has met, or agrees to meet, the conditions. In this case the Board failed to discuss or identify any condition, let alone any condition that could not be met. In both a letter from counsel and testimony, the applicants agreed to meet every single condition and the Board never identified any condition they could not meet. In this case, the permit "shall" be issued. Provide written arguments that support the appeal: Page 3 of 7 Burnett County, WI Administrative Appeal App—Rev 1/2019