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OFFICE OF THE CORPORATION COUNSEL <br />Burnett County <br />7410 County Road K, #121 715/349-2168 <br />Siren, WI 54872 Fax 715/349-2103 <br />David L. Grindell <br />Corporation Counsel <br />d ng indellnbumettcountv.or� f w 2 Z <br />September 21, 2018 <br />Thomas Klein <br />8463 Kimball Dr / <br />Eden Prairie MN 55347 <br />RE: damaged cabins <br />Dear Mr. Klein: <br />1 appreciate you stopping by to discuss this matter with me. <br />Unfortunately, after reviewing the applicable statutes, I would indicate to you that I do not believe that <br />the County can allow the rebuilding of the cabins that were damaged by the tornado back in 2001. <br />There are a number of reason; but primarily, Section 59.69(10) indicates that if a non -conforming use <br />is discontinued for a period of twelve months, any future use or building, premise, structure, or fixture <br />shall conform to the ordinance. <br />Secondly, under paragraph 59.69(l 0)(m), the rebuilding of any non -conforming structure damaged, as <br />you indicated, by violent winds, vandalism, fire, flood, ice, snow, mold, or infestation is only for <br />buildings that were damaged, or destroyed after May 2, 2006. <br />This property is also within shoreline zoning, I reviewed Section 59.692(2), and this Section clearly <br />makes applicable all portions of Ch. 59.69 to shoreline ordinances. These restrictions are codified in <br />our Burnett County Ordinance, and have been for quite some time - noting Sec. 30.677. <br />One last bit, there is an attorney general opinion, issued by the Wisconsin Attorney General, which <br />indicates that a county may not in -act shoreline zoning ordinance without a provision regulating non- <br />conforming use that has been discontinued for twelve months, or longer. This is an attorney general <br />opinion issued and found in OAG 2-97. Clearly, the three cabins that were gone when you purchased <br />the property had been discontinued for more than the twelve-month period. <br />If you have any further questions, please feel free to contact me. <br />Very truly yours, <br />David L. Grindell'� <br />Corporation Counsel <br />DLGsrd <br />cc: Jas owne <br />