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002-940-27-5510-INS-1999-021 Town of Bass Lake County of Sa�ayer 2 March, 1999 Date SUBJECT: Variance Application To: Sawyer County Zoning Administration P. O.Box 668 Hayward,Wisconsin 54843-0668 Owner: Raymond William Cott-Meissel 634-4338 Address: 7855N Thunderpoint Road Hayward Wisconsin 54843 Property description: Parcel in Gov't Lot O5,S 27,T 40N,R 09W 002-175-00-0800,Parcel-4.8 Lot O1 CSM Vol 20 page 241 Volume and page no.of deed: LC Vol 659 records page 193 Acreage and lot size: 0.780 acres Zone district:Residential/Recreational One(RR-1) Application is for: the construction of a 12' x 34'basement beneath an existing dwelling,the construction of an 8' x 8'dormer onto the same dwelling,both at a setback of 63' from Windigo Lake,and at a cost exceeding 50% of the current estimated fair market value. Variance is requested as: Section 4.49(2),Sawyer County Zoning Ordinance,would require a lake setback of 69' as the average lake setback was determined at that distance from the]ake,and Section 10.2 restricts the cost of construction to less that 50% of the current estimated fair market value. Name and address of agent: Signatures of property owner and agent and/or purchaser. The above hereby make application for a variance. The above certify that the listed information and intentions are true and correct. The above person/s/hereby give permission for access to the property for onsite inspections. Office of Sawyer County Zoning Administration P.O. Box 668 Hayward, Wisconsin 54843 (715)634-8288 URL: http://www.sawyercountygov.org E-mail: scgzone@win.bright.net March 2, 1999 Raymond VJ. Cott-Meissel 7855N Thunderpoint Road Hayward, Wisconsin 54843 Re: Pazcel—4.8, S 27, T 40N, R 09W, Town of Bass Lake, #7855N Thunderpoint Road: Variance Application Dear Mr. Cott-Meissel: Enclosed is a copy of the inspection report for the above property and a completed Variance Application. Please review the application, and if correct, sign it and return it to this office with a check in the amount of$250.00 made out to the"Sawyer County Zoning Administration" by Friday, March 5, 1999 for heazings in April 1999. Your application will be reviewed at two public hearings. The first hearing will held by the Town of Bass Lake at 6:30 P.M., Monday, April 12, 1999. You should contact Shirley Miller, Clerk, Town of Bass Lake at (715) 634-2172 to confirm this date. The Sawyer County Boazd of Appeals will hold the second hearing at 7:00 P.M., Tuesday, Apri120, 1999 in the Circuit Cournoom located in the Sawyer County Courthouse. You or your representative should attend each hearing, especially the hearing conducted by the Sawyer County Board of Appeals. Only the Board of Appeals can grant the variance, the decision of the Town of Bass Lake is advisory only. The "50% rule" applies in this situation as the house is a nonconforming structure - it is closer than 7S to Windigo Lake. The "50% rule" limits the cost of improvements to a nonconforming structure to less than 50% of the structure's current estimated fair market value (CEFMV). The Sawyer County Board of Appeals must approve a variance if the cost of these improvements will exceed 50% of the CEFMV. The CEMFV for the house is $11,500.00. Therefore, a vaziance would be required if the cost of the improvements would exceed $5,750.00. You must also provide this office with a written estimate of the material and labor costs for the basement and dormer. The estimate should include only the cost of materials and labor related to constructing the basement and dormer. Do not include plumbing and electrical wiring costs. The construction cost estimates shall be in this office no later than Friday, Apri12, 1999. It would be even better if you could submit the estimates with the signed variance application. You may also want to provide this information to the Town of Bass Lake. It is your responsibility to convince the Board of Appeals to grant the variance(s) that you have requested. Therefore, you should consider using any means at your disposal (i.e., photographs, drawings, a good verbal presentation, etc.) as you present your facts to the Board. I am also enclosing an"Update on Law Governing the Granting of Variances." This is a summary of two 1998 Wisconsin appellate court decisions regazding the granting of variances. Essentially these two decisions state that: • A variance should not be granted if the applicant already has reasonable use of the property. • A variance should only be granted if the applicant does not have reasonable use of the property without the vaziance. • The granting of variances should be the exception and not the rule. You should be prepared to address the reasonable use of property issue if questioned by the Board. Please contact Mrs. Kitty Taylor if you have any questions. Office hours are 8:00 A.M. to 4:00 P.M., Monday through Friday. Yours truly, ill�hr"istG�t�%�� Zoning Administrator Encl: Inspection Report Variance Application "Update on Law Governing the Crranting of Variances" OR ENTER A COMPUTER NUMBER OR "999" TO END. 999 999000000000 LOTTERY CRED. APPLIED 35 . 82 ********************* INTEREST DATE March 31, 1999 * Computer Number * RAYMOND WILLIAM * 002-175-00 0800 * COTT-MEISSEL ********************* 7855N THUNDER POINT ROAD HAYWARD WI 54843 TAX CERT. TAXES, CHARGES, YEAR NO. TYPE OF TAX OR, ASSESSMENTS INTEREST TOTAL DUE THERE ARE NO DELQ. TAXES . * Legal Description of Property * PLEASE RETURN THIS STATEMENT WITH YOUR SECTION 27 TWP. 40 R. 9W PAYMENT. RE : 002175000800 SUBD GL#5 (27 .40 . 9) HISTORY: 276/305 LC659/193 LOT A 1998 VALUES L: 25300 I : 20300 E : 89500 NET CURRENT YEAR TAXES : 1247 . 13 SPEC. ASSESS, CHGS,UTIL: . 00 CURRENT TAX YEAR ACREAGE : 0 . 780 PRINT THIS STATEMENT (Y or N) , PRINT WITHOUT DISPLAY (P) , OR QUIT (Q) ? �� ao, 3�� r�. s�a4 _ f ��yi�, �a Cgii, s�� s o�o c�Fvnv = � ��, son = a= sS 75Z� �� ria. �.�r � n � � n.:r,7GJ.?1"IGIM 1 MI�L/ � nnn 1 1 V1� TOWN OF BASS LAKE MA�TER FILE STATUS REPORT NEW YEAR COMPUTER N0 . PARCEL NUMBER --------- VALUATIONS --------- NAME AND CODE/ADDRESS OF OWNER LEGAL DESCRIPTION CODE ACRES LAND IMPROVE PROPERTY ADDRESS 2- 175-00 0800/2-40- 09-27- 0 -4 . $ SEC/TN/RNG Z#M# SCHOOL ACRES SUBD GL#5 ( 27 . 40 . 9 ) G1 . 780 25 , 300 � 0 , 300 CHG * RAYMOND WILLIAM CORA06 27/40/09W Z478 . 770 LOT 1 CSM 20/C41 #58G5 COTT-MEISSEL ---------- HISTORY ---------- R COTT-MEI �SEL ETUX 7855N THUNDER POINT ROAD 27G /305 LCb59� 193 HAYWARD WI 54843 CHG : 1 / 15l99 CHV : 12/04/98 HO 7855N THUNDER POINT RD HAYWARD 54843 2- 175-00 4900/2-40- 09-27- 0 -4 . 9 SEC/TM/RNG Z#M# SCHOOL ACRES SUBD GL#5 ( C7 . 40 . 9 ) G1 . 630 25 , 100 49 . 900 CHG * RENE CORE03 27/40/09W 2478 . 720 LOT 2 CSM � 0/2�11 #5865 COTT MEISSEL ---------- HISTORY ---------- LC 7859N THUNDER POINT ROAD 2T6/305 1 HAYWARD WI 54843 CHG : 12/ 04/98 CHV : 12/ 04/98 HO 7859M THUNDER POINT RD HAYWARD 54843 ______- ___ _ ___ _ __ _ _ _ _. _. .. __. ._. _. ._-_ _- - - - __ _- __ ___ ___- -------___— - ------ - - ____ _ _ _ _ _ - ---- - . ._ ..- � 1 � � -- -- _ ---- --- - � � � � � SAWYER COUNTI' CERTIFlED SURVEY MAP w / � LOCATED IN GOV'T. LOT 5 SECTION 27, T40N� R9W, — � / �xI\ � �TOWN OF BASS LAKE, SAWYER COUMY� WISCONSIN N � / N 86'13'06" E 122•78 ^' \ WINDIG � � � LAKE � / s LOT 2 � LOT 1 �,'�A � 31547s.f. � `�;, / 0.72 ACRES +\— 33442s.f. s, 0.77 ACRES +\— z \�c• \333' SHORELINE �; � � � 610' SHORELINE � ^ '�'� DNe p�� I � \ \ W � � �I >i1 \ a pp co� = & 0 Q � a � g c \ f pT+\- � �.,...�L�I � � I � �( �p �,_50, o � � � WI N D I G 0 \ 1 a�S �5 P RE-S�RJE� .�. GRAPHIC SCALE z O nIOfE� Oj I �. a � � g m ' �C`�¢�r, oG wtS A. s (�vu`�• i'°T m J t,nT. f � � °� � � ; �� AKE � � �y S p �� c ,`4j 6fARINGS ARE REFERENCED TO �o �� c^ � 4� THE S. LINE OF THE SW7/4 SEC. 27,m g ,� � +L o. p \ ¢ � ¢ i 3 /� •n^ \�"ya 5 �-� l T40N, R9W �t-s / � �ZZ 3 , � �/ ASSUMED TO BEAR � � � -58.48'' - 135.99� SB9'29�55tiV U 35.00� 9'+\- LEGEND � 98�+\=_ __ 585•3z�¢2�W\�'99, � O - SET 5/B' X 24' SQ. IRON BAR J+ p MIN. Vli. 1.329//L1N. FT. � / �,�rLj POB e��j\ �o^. �N � O EXISTING BUI��ING 0� � � 6�,/ UN-PIA�� LANDS BY/OWNER ''j �IN N \ \ � -_ i \ vi .� �SC�N•S��L�'�� °'`•'� � '"��'� / � � M.C. W. LINE G.L. 5 ;�..• � � � � N� o FND 3 1/2" ACP _ �eFF �, �" y v a � � �e�� • MU23 9K ��- �� Ho°�'� c�i+. ao =*.'• Hay�'a� ;'Q'� � � �m� � � ;<••. w�5. :p`; ��. � <a i n W 1�4 SEC 27 ti�'•... •J�C�.: � � S72'S1�36"E 372.96' FNo 2" i.P. �� ' ,,, ,R,,,,�� TO TOWN Rono SHEET 1 OF 2 �zEJ�srr� �z-o�-aK �h z/�z N �- N SURVEYOR'S CERTIFICATE: I, JEFF W. MULOCK, Registered Land Surveyor, hereby certify that I have surveyed, divided and mapped a certified survey LOCATED IN PART OF GOV'T. LOT 5 SEC. 27, T40N-R9W, TOWN OF BASS LAKE, SAWYER COUNTY, WI. Which is bounded by a line described as follows: COMMENCING AT THE W 1/4 CORNER OF SECTION 27; THENCE N04'27'18"W 340.05' ALONG THE WEST LINE OF GOV'T. LOT 5 TO A MEANDER CORNER 55'+\— FROM THE SHORE LINE OF WINDIGO LAKE; THENCE N63'19'40"E 121.52' TO AN IRON BAR AT THE POINT OF BEGINNING SAID POINT ALSO BEING A MEANDER CORNER WFiICN LIES 98'+\— FROM THE SHORE OF WINDIGO LAKE; THENCE N01'14'59"W 191.38' ALONG THE MEANDER �INE TO A MEANDER CORNER 50'+/— FROM THE SHORE LINE OF WINDIGO LAKE; THENCE N86'13'06"E 122.78' ALONG THE MEANDER LINE TO A MEANDER CORNER 25'+/— FROM THE SHORE LINE OF WINDIGO LAKE; THENCE S43'43'45"E 168.95' ALONG THE MEANDER LINE TO A MEANDER CORNER 27'+/— FROM THE SHORE LINE OF WINDIGO LAKE; THENCE S45'15'56"W 91.00' ALONG THE MEANDER LINE TO A MEANDER CORNER 29'+ FROM THE SHORE LINE OF WINDIGO LAKE; THENCE S85'32'42"W 170.99' TO AN IRON BAR AT THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.49 ACRES OF LAND MORE OR LESS, INCLUDING LANDS BETWEEN THE MEANDER LINE AND THE SHORE LINE OF WINDIGO LAKE, AND IS SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD. That I have complied with the provisions of Chapter 236.34 Wisconsin Statutes, the subdivision regulations of Sawyer County and A.E. 7.00 of the administrative code of the State of Wisconsin ta the best of my knowledge and belief, in surveying, dividing and mapping the same. That I have made such certified s�rvey under the direction of RENE' COTT—MEISEL - . ,,,,,��,,,, / (- /o - 98 � Sawyer o . Zoning Ad�istration ;.��y��SGONs�'�', JEF LOC , REGISTERED LAND SURVEYOR S-2319 DATE: = w. - � �p'm� '�� _ � MULOCK : _ _�: 5-2319 ��- ; � •, Hayv.drd Dater ;y • w�s. .�Q�; �,'La•�...... •�y �'�,, S U R� ,��`. ��niun��` SHEET 2 OF 2 � TOWN OF BASS LAK E SEC. 27 TWP 40 N . R . 9 W. , 1 .3 J :1.4 4.3 42 i i , � ,,;: WINDIGO LAKE ��12 � 4. I 1 �'�� \ SUBD. SEE SHEET 2 � Z 3 \ �i� � �T �4. 3.i � 2.3 m n m � 21 �5.3 �5.4 i 3.4 � Ki 'n "' "' � .2Z T 4 6 � "' � ie.3s :3.2 m /' 9 5 '� 2 I 3 �4 A B 4 I 2 I 2 F G H I 2 I 7 v � � 2.5 '�J.2 � P l� � I , J 27 � 5 � 1 LAND CONTRACT w.;,e� 3 o;n� } y Document Number Form 11 Syp;y Ui�rly rvw1 lar recard W��Q 3��' '� � �. A Il 19 1.ft—.il �.—.—_�ienA. CONTRACT, by and belween MARIUS RENE COTT-MEISSEL and WILLA � ,�ri �eca�we as a ��1--- MAE COTT-MEISSEL, husband and wife ("Vendor', whetherone or more) ,�r o, u�� Wye -' and RAYMOND WILLIAM COTT-MEISSEL, an adult single man ( a� � '� -- he��tu ("Purchaser", whether one or more). Vendor selis and agrees to convey to Purchaser, upon the prompt and full performance of .this contract by f_ �ry Purchaser, the following property, together with the rents, profits, fxtures and other appurtenant interests (all called the"Property"), in Sawyer County, State of Wisconsin: . Recording Area Name and Return Address Attorney Michael A. Kelsey P.O. Box 718 . Hayward, WI 54843 N m PRT (Parcel Identification Number) � Part of Government Lot Five (5), Section Twenty-seven (27), Township Forty (40) North, Range Nine (9) West, more particularly described as Lot One (1), recorded in Volume Twenty (20) of Certified Survey Maps, pages 241-242 Survey No. 5865. Also included in this conveyance is an easement for ingress and egress from Thunderpoin: Road over the presently � existing thirty (30) foot driveway. TRANSFER $ :a�y.3. �° FEE This is nol homestead property. Purchaser agrees to purchase the Property and to pay to Vendor as designated, the sum of $42,OOOAO in the following manner. (a) SO at the execution of this Contract; and (b) the balance of$42,000.00, together with interest from date hereof on �he balance outstanding from time to time at the rate of 6% percent per annum until paid in fuli, as follows: Equal monthly payments of$300.91. The fust payment to be made one (i) month (rom the date of this wntract and monthly thereafter until the entire outstanding principal balance and accrued interest is paid in full. Said payments are based on a twenty (20) year amortizauon schedule. — --' — e� Following any defaWt in payment, interest shall accrue at the rate of 6°/ per annum on the entire amount in default (which shall inciude, wilhoul limitation, delinquent interest and, upon acceleration or maturity, the entire principal balance). --�.`—.�_�-» � ezes; 9�CCIH�-B9 � Payments shall be applied frst to interest on the unpaid balance at the rate specifed and then to principal. Any amount may be prepaid wilhout premium or fee upon principal at any time. In the event o(any prepayment, this conUacl shall not be lrealed as in de(aWt wilh respect lo payment so long as the unpaid balance of principal, and interest (and in such case accruing interest from monlh to monlh shall be treated as unpaid pGncipal) is less lhan t�e amount that said indebtedness would have been had the monthly payments been made as frst specified above; provided lhat monthty payments shall be continued in the evene of credit o(any proceeds of insurance or condemnation, the condemned premises being Ihereaker excluded heretrom. Purchaser states that Purchaser is satisfed with the title as shown by the title evidence submitted to Purchaser for examination except Subjed to easements, exceptions, restrictions and reservations of record. Purchaser agrees to pay the cost of future title evidence. If title evidence is in the form of an abstract. it shall be retained by Vendor unlil the full purchase price is paid. ' Purchaser shall be enlitled to take possession of the Property on date of closing. � Purchase and Vendor acknowledga that lhe value of the real estate is $81,100.00 with lhe downpayment being in the form of a giR between parents and child. � voL s 5 9 Pc 19 3 Purchaser promises to pay when due all taxes and assessments levied on ihe Property or upon Vendor's interest in it and lo deliaer ' to Vendor on demand receipts showing such payment. Purchaser shatl keep the improvements on the Property insured against loss or damage occasioned 6y fire,extended coverage perils and such other hazards as Vendor may require,without co-insurance,thmugh insurers approved by Vendor, in the sum of$full insurable value, but Vendor shall not require coverage in an amount more lhan the balance owed under this Contred. Purchaser shall pay lhe insurance premiums when due. The poiicies shall contain the standard clause in favor of the Vendor's interest and, unless Vendor olherwise agrees in writing. the original of all policies covering the Propedy shall be deposited with Vendor. Purchaser shall pmmptly give notice of loss to insurance companies and Vendor.Unless Pumhaser and Vendor otherwise agree in writing,insurance proceeds shall be applied to resloration or repair of Ihe Pmperty damaged,provided lhe Vendor deems Ihe res[oration or repair to be economicalty feasible. Purchaser covenants not to commit waste nor allow waste to be committed on the PropeAy,to keep lhe Property in good tenantable condition and repair, lo keep Ihe Property free from liens superior lo the lien o(this Contract, and lo comply with all laws, ordinances and regulations affecling the PropeRy. � Vendor agrees that in case the purchase price with interest and other moneys shall be fully paid and all conditions shall be fulry pedormed at lhe times and ifree and clea aof alt liensla'nd encamb aoces tle ceplanyellens or encombrancesc ealed by the act orYdefault of fee simple, of Ihe Property, Purchaser, and ezcepC nla Purchaser agrees thal time is o(the essence and(a)in the event of a default in the payment o(any principal or interest which continues (or a period of 60 days following the specifed due date or(6)in the event of a default in performance of any other obligation of Purchaser which continues for a period of 30 days following written nolice thereof by Vendor(delivered personally or mailed by certified mail), then the enhre oulstanding balance under this contract shall become immediately due and payable in full,at Vendofs oplion and without notice(which Purchaser hereby waives), and Vendor shall also have the following rights and remedies (subject to any limitations provided by law)in addition to those pmvided by law or in equily: (i)Vendor may, at his option,terminate lhis Contrect and Purchaser's rights,title and iNerest in lhe Pwperty and recover Ihe Pwperty back through stricl(oreclosure with any equity of redemption to be conditioned upon Purchaser's full payment of the entire outslanding balance,wilh interest thereon from lhe date of defaull at the rate in ef(ecl on such date and other amounls due hereunder(in which event all amounts previously paid by Purchaser shall be fodeiled as liquidated damages for failure to(ulfill this Contract and as rental for the PropeAy if purchaser fails to redeem); or(ii)Vendor may sue(or specific performance of this Contract to compel immediate and full payment of the entire balance,with interest thereon at the rate in effect on the date o(default and olher amounts due hereunder, in which event the Property shall be auctioned at judicial sale and Purchaser shall be liable for any deficiency,or(iii)Vendor may sue at law for the entire unpaid purchase , price or any portion thereof;or(iv)Vendor may declare lhis Conlract at an end and remove lhis Contract as a clwd on title in a quie4�itle achon if the equitable interest of Purchaser is insignificant; and (v)Vendor may have Purchaser ejected from possession of the Property and have a received appointed to collect any rents, issues or pwfits during Ihe pendency of any action under(i),(ii)or(iv) above. Notwithstanding any oral or written statements or actions of Vendor,an election of any of the foregoing remedies shall on�y be binding upon Vendor if and when pursued in titigation and all costs and expenses of lhe foregoing remedies shall only be binding upon Vendor if and when pursued in litigation and all costs and expenses including reasonable attomeys fees oNendor incurred ro enforce any remedy hereunder(whether abated or not)to the extent not prohibited by law and expenses of title evidence shall be added to principal and paid by Purchaser, as incurred, and shall be included in any judgment. Upon the commencement or during the pendency of any action of foreclosure of this Contract, Purchaser consents to the appointment of a receiver of the Pmperty,including homestead interest,to collect the rents,issues,and profts of the Pmperty during the pendency of such action,and such rents, issues, and profits when so collected shall be held and applied as the court shall direct. Purchaser shall not transfer,sell or convey any legal or equitable interest in the Property(by assignmenl of any of Purchaser's nghts under this Conlracl or by option, long-lerm lease or in any other way)withoul the prior wrilten consenl of Vendor unless either the outstanding balance payable under this Contrect is (irst paid in full or the interest conveyed is a pledge or assignment of Purchaser's inlerest under this Contract solery as sewrity for an indebtedness of Purchaser. In the event of any such transfer, sale or conveyance wilhout Vendor's wrdten consent,the entire outstanding balance payable under this Contract shall become immediately due and payable in fu�l, at Vendor's option without natice. Vendor shall make all payments when due under any mortgage oulstanding against the Property on lne dale of lhis Contract(except (or any mortgage granled by Purchaser)or under any note secured thereby,provided Purchaser makes lime�y payment o(the amounts then due under lhis ContracL Purchaser may make any such payments directly to lhe Mortgagee if Vendor(ails lo do so and all payments so made by Purchaser shall be considered payments made on this Contract. Vendor may waive any defaull without waiving any other subsequent or prior default of Purchaser. Atl terms of this Contract sha�l be binding upon and inure lo the benefits of the heirs, legal representahves, successors and assigns of Vendor and Purchaser.(If not an owner of the Property the spouse of Vendor for a valuable consideralion joins herein to release homestead rights in the subject PropeAy and agrees to join in the exewtion of the deed to be made in(ulfllment hereof.) Dated this�day�� 998� � , ; - �G,, W�5�;�.,.,.,_. �v� N� �Z 4-�� M rius Rene Cot-Meis el -- Vendor Raym d William Cott-Meissel Purchaser �� li� �'��L� Willa Mae Cot- eissel Vendor Purohaser AUTHENTICATION ACKNOWLEDGMENT Signatur (s) �n. �+5� � i G��- STATE OF WISCONSIN SAWYER COUNTY � — �,� i�� Personally came before me this `c�l d�y of December, • S ��Y 1998 the above named Marius Rene CotFMeissel, Willa authenticatedt �s — E day f �' � � � r�g Ma� issel, to me known to be the person(s� who �� =�\��y going instrument and acknowledge the signalure / / ' . ��, l� `?�_ .�--r�L_ — C 7 �!2 . - type or prin name ignaWre , � �Q ` � {r yp�6F�AN 11�m C2 TITLE: MEMBER STATE BAR OF WISCONS � HECK ~ (If not, otary Public wy County. WI authorized by § 706.06,Wis. Stats.) � mmi ' rmanenL pf not, state expiration date, F � . oe� .) THIS INSTRUMENT WAS ORAFTED BY �� Attorney Michael A. Kelsey Names of persons signing in any r,apacity should be typed or printed below lheir signaWres. 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