HomeMy WebLinkAbout26-0524Return to: I County Use Only:
117 E 51° Street, Po Box 58 Bayfleld County Planning and Zoning Department I Submission #: /I 02536
Washburn, WI 54891 LAND USE PERMIT APPLICATION J Permit #: OSa
permitst bavfleldcountv.wi.gov Date: o ?'O?
SECTION A: Generahlnformation
Property Owner N me: Authorized Agent Name (if applicable):
Pert Ttn!' e f ss
Telephone Number: 7 6 Telephone Number:
E -Mail Address: E -Mail Address:
Steve b t7?Q;1. AA
Mailing Address: p Mailing Address:
7i c3e Tl
Ci State, Zi City, State, Zip:
to ,`vet W' I-&61
Contractor: Telephoonne,Number: E-MailAddress: SEp 082026
SECTION B: Property Information 1
Project Address (if different from mailing address): planning and Zoning Agency
(3099 0 L-ajn� ® u/4
Legal Description (if additional ace is needed attach a eparate sheet).
507 ertr 'l Lo *A d, Ca o
Section, Township, Range: 7 T N I? 7tTown of Pc ITh_
Tax ID #: Nit - Ca e Cc1_ --m'I Lot Size (Acres/Square Feet): h�yrcx 5A
c.
SECTION C: Pro ect Information (check all that apply)
Project Use is: X Residential ❑ Commercial ❑ Municipal If Commercial, estimated cost of construction: $
Project Type is: lK New Construction 0 Addition/Alteration (existing structure)
❑ Change Use (existing structure) 0 Relocate (existing structure) 0 RV Placement 21+ days
❑ Sign ❑ Establishing a Business 0 Temporary (12 or less months)
0 Shoreland Grading, Class A 0 RV Placement 4+ months, Class A 0 Other (describe):
required Total sq ft): required
SECTION D: Structure Information Does ncitapply to RVs and Signs, go to Section B)
Structure Type is: 0 Residence 0 Principal Structure (describe):
Accessory Structure (describe): 0 Sjioreland Exempt Structure (describe): 0 Mobile Home (provide manufactured
Gafape (fePfaeey Pic 5�p'4 date):
0 Shipping Co tainef s(�me Si7-5XeO`r%scribe):
Foundation Type:
❑ Basement 0 Walkout Basement JK Slab 0 Crawlspace ❑ Ground Cl Skids ❑ Other (explain):
Existing Structure: Length: Width:Z Height:
Proposed Structure (Provide Sq Ft based on outside dimensions, including unfinished areas, attached garages/above grade
decks/porches):
BasemenjgEL P` Floor Sq Ft: Loft Sq Ft: 2°" Floor Sq Ft: 3r° door Sq Ft:
Garage Sq F Porch Sq Ft - Deck_ Other S Fcribe): Other Sq Ft (describe):
Total Sq Ft: Overall Height (finished grade to peak): t
# of Stories: ' Existing # of Bedrooms on property: Proposed # of Bedrooms in project:
SECTION E: RV and Sign Information (check all that apply)
Sign is: RV is:
❑ New ❑ Replacement ❑ New ❑ Replacement
❑ On -premise 0 Off -premise
❑ 1 -sided 0 2 -sided Year: Vin #:
❑ On -building ❑ Multi -Tenant
Length: Width: Height: Make: Model:
Application Page 1
SECTION F: Site Plan.— attach a site planor draw site plan in box below (See pages 1 & 2 of Land Use Permit Application
Information forinformation that. is required to.be provided on site plan) -. . _
Show location of:
Driveways k Frontage Roads (include name) ?LBxisting Structures Well (W) ®, Septic Tank (ST) 9 Drain Field (Dl')
[]Holding Tank (HT) O Privy (P)' Lake O. River ❑Stream/Creek ❑Pond ❑Flood lain fletlands O Slopes over 20%
N
RECEIVE
SEP 082026
Bayfield Co.
Planning and Zoning Agency
Setback or distance from furthest extent of structure
including eaves and overhangs to (include on site plan):
County Use Only
Verified setbacks
Road Centerline
6≤ 7 ft.
ft.
Notes/Comments:
Front Lot Line/Right-of-Way
27 ft.
ft.
Side Lot el
o ast outh West, circle one)
flu ft.
`.
ft
Side Lot Line 2 NW
(North East South West, circle one)
i K
,
Rear Lot Line
ft.
ft
SepticlHolding Tank
ft
ft
Drainfield
ft.
ft.
Privy
Nh: ft.
ft
Well
27 % ft.
&
Existing Structure/Building
` ft
ft.
Wetland
% ft.
ft.
Elevation ofFloodplain
Ne ft.
fk..
Ordinary High -Water Mark (OHWM)
ft
ft
Other (describe)
ft.
ft
Application Page 2
SECTIkG:Add1tI---
'U'kfYes
the location of the proposed project including eaves a d overhanss and the sanitary system and well been
If
ed? nn whatdate will t' f,
Q yetis
9i
a licensed surveyor mark lot line(s) if project is within 10 feet of required setback? e p ge 2 o and Use
\�
Ifon fr r uired setbacks.
❑ Yesproperty
owner or applicant mark lot line(s) if project is within 30 feet of required setback? See page 2 of
d Use A lication Information for re aired setbacks.
l. Yesere
an existing sanitary system on the property? If yes, what kind?
rainfield ❑ Holding Tank 0 Municipal/Public 0 Other (describe):
❑
), N
Will pressurized water be installed in the structure? If yes, what kind of sanitary system will be installed or used
to manage wastewater?
Drainfield ❑ Holding Tank ❑ Municipal/Public ❑ Other (describe):
❑ 7'e
11Q No
Will sleeping occur in the structure? If yes, contact local Uniform Dwelling Code (UDC) for approval and
inspection requirements.
Is the ect associated with any of the following: No
❑ Rezone 0 Class A Special Use 0 Class B Special Use 0 Conditional Use 0 Variance
Fee payment will be made via:
ZCheck (attached) ❑ Cash (attached) Cl debit/credit/echeck (department to call once payment is read to be taken
How would you like to receive your permit card?
❑ Mail to: ORKEmail to:
A Property Owner Address ❑ Agent Address 0 Contractor Address ❑ Other (provide name ki 4il3cj�dress):
Section.H6.Acknowled ement and Signature Bayfield Co.
All Land Use Permits expire Two (2) Years from the date of issuance if construction or use has not begun. c'
issuance, if required, needs to occur prior to Land Use Permit issuance. Failure to obtain a permit or starting construction without a
permit will result in penalties.
The local Town, Village, City, State or Federal agencies may also require permits. The new construction of one- & two-family
dwellings requires review and approval by the local Uniform Dwelling Code (UDC) authority. Additions and alterations to one -
and two-family dwellings may require review and approval by the UDC authority. All municipalities are required to enforce the
UDC.
If subject property is part of a Condominium Plat, applicant hereby certifies and represents that applicant has all necessary
approvals and recorded documents required to complete the project for which this permit is sought including requirements set forth
in Wisconsin statutes pertaining to condominium associations, the Declaration of the Condominium Association in which the
property is located, and all other rules, regulations and requirements pertaining to that Condominium Association.
You are responsible for complying with state and federal laws concerning construction near or on wetlands, lakes, and streams.
Wetlands that are not associated with open water can be difficult to identify. Failure to comply may result in removal or
modification of construction that violates the law or other penalties or costs. For more information, visit the Department of Natural
Resources wetlands identification web page, dnr.wi.eov/topic/wetlands. or contact a Department of Natural Resources service
center (715)685-2900.
I (we) declare that this application, including any accompanying information, has been examined by me (us) and to the best of my
(our) knowledge and belief it is true, correct, and complete. I (we) acknowledge that I (we) am (are) responsible for the detail and
accuracy of all information that I (we) are providing and that will be relied upon by Bayfield County in determining whether to
issue a permit. I (we) further accept liability which may be a result of Bayfield County relying on this information I (we) are
providing in or with this application. I (we) consent to county officials charged with administering county ordinances to have
access to the above -described property at any reasonable time for the purpose of inspection.
ty ,
Owner(s) or Authorized Agent Printed Name:/
Owner(s) or Authorized Agent Signature: Date: I -a 02t/,x
NOTES:
1. If you are signing on behalf of the owner(s) a letter of authorization must accompany this application.
2. Specific conditions/instmctions may be stated on the face of the issued Land Use Permits. Owners, agents, & contractors
must all be aware of permit details & conditions and permit card must be posted on property prior to start of project
Application Page 3
Bayfleld County, WI
w
9/8/2026, 6:41:06 PM
Meander Lines
All Roads Building Footprint 2009-2015 ¼
Approximate Parcel Boundary Private Existing
Section Lines
Survey Maps Driveways
Municipal Boundary
Recorded Map Buildings
5E P 08 2026
Bayfield Co.
Planning and Zoning Agency
1:500
0 0.01 0.01 0.02 ml
—0—,.—.-T
0 0.01 0.01 0.03 km
ep1Aeld
aeylow Curly LnW Raat DepMmml
I"LR: /heaps IayLelXainty�r awn,vnzu W5Lll
DECLARATION OF CONDOMINIUM FOR
DEER TRAIL LODGE EXPANDABLE CONDOMINIUM
THIS DECLARATION OF CONDOMIN UB?I OFMbf t __, of
August, 2002. Sayfield County, WIS. 604 n
} RECORDED ATE; I/a PIN �5J
WITNESSET ON U�� � IN j/
7fAoo.J
WHEREAS, Bruce C. Andersen and Carmen ,
owner of certain real property herein described (the "Property"); and
WHEREAS, Declarant has surveyed the property as set forth in an expandable
condominium plat prepared by Superior Surveys, Inc., which expandable condominium plat
("Condominium Plat") is made a part hereof and is incorporated herein by this reference;
WHEREAS, Declarant hereby establishes, by this declaration, a plan for the individual
ownership of a portion of the property, hereinafter defined and referred to as "Units" and the co -
ownership by the individual and separate owners thereof, as tenants in common, of all of the
remaining portions of the property which is hereinafter defined and referred to hereip as the
"Common Elements";
WHEREAS, it is the intent of Declarant to subject the
pursuant to Chapter 703 of the Wisconsin Statutes; fbr ( S} �zn`�
Sut Vol. 914 p q sb-Qs8
NOW, THEREFORE, the Declarant, as the owner of the property animprovements
thereon located in the County of Bayfield, State of Wisconsin, and legally described on the
attached Exhibit A, hereby makes the following declaration pursuant to the Condominium
Ownership Act, Chapter 703 Wisconsin Statutes (hereinafter the "Act") as to divisions,
covenants, restrictions, limitations, conditions and uses to which the above -described real property and improvements thereon may be put, hereby specifying that declaration shall SEP 0 pp U ZU26
constitute covenants which shall run with the land and shall be binding upon the Declarant, his
successors and assigns, and all subsequent owners of all or any part of said real estate and Bayfield CO. A enY
improvements, together with their grantees, successors, heirs, executors, administrators, dev' ning and Zoning 9
or assigns. for and. P1'YYLf� tcLiw..I'l�-
v. 933 P8 '18.3- 78y
Terms not otherwise defined herein shall have the meanings set forth in the Act.
ARTICLE I
CREATION OF UNITS. COMMON ELEMENTS AND
LIMITED COMMON ELEMENTS
Section 1. Establishment of Condominium. The Declarant, in order to establish a plan
of condominium ownership for the Property and improvements hereby covenants, agrees and
declares that he hereby divides the Property and improvements thereon into separate parcels of
real estate, within the meaning of the Act, and that such condominium division of such Property
and improvements shall hereafter be known as "Deer Trail Lodge Expandable Condominium,",
V834,p zo1
I
��7/3 Oar/Se, ¢ l7l�P/SLt
with an address of 13095 Deer Trail Lane, Iron River, Wisconsin, and such condominium
division shall be upon the terms and conditions hereinafter set forth:
a) Units. Twelve (12) Units are hereby created, as more particularly depicted on the
Condominium Plat (Together with such additional Units as may hereinafter be
formed within the Condominium, pursuant to expandable provisions of this
declaration and in accordance with the Act, and the general outline of the buildings
which shall constitute additional Units of the expandable condominium are set forth
on the Condominium Plat.)
For the purposes of Units 1-10, each Unit shall consist of one or more cubicles of area
at one or more levels of space, having outer boundaries formed by the interior surface
of the perimeter walls, floors and ceilings, including the windows, window frames,
doors and doorframes of the Units, as said boundaries are shown on the
Condominium Plat, together with all fixtures and improvements herein contained.
For the purposes of Units 11, 12 and any Units created by virtue of the expandable
provisions of this Declaration, the Unit is defined as having outer boundaries formed
by the exterior of the walls, together with all fixtures and improvements contained
therein.
b) Common Elements. The common elements (hereinafter "Common Elements") shall RECEIVED
include all portions of the Condominium other than the Units. The Condominium
Plat designates a storage building which is deemed to be a common element and said
storage building shall be for all unit owner's use, subject to reasonable rules and SEP 0 8 2026
regulations being adopted by the Association pertaining to said use.
PlanGYIICkIning ZNng Agency
1. The limited common elements shall include all those areas specifically identified
on the condominium plat.
2. The Condominium Plat designates a sauna being located adjacent to Lodge 11, on
Limited Common Elements for the benefit of Unit 11. Although the sauna is
located upon Limited Common Elements for the benefit of Unit 11, the sauna may
be utilized by all unit owners subject to rules and regulations adopted by the
Association pertaining to the use of said sauna by the unit owners.
3. No fencing or other obstructions shall be placed within the limited common
elements pertaining to Units 1-10.
Section 2. Condominium Plat, The Condominium Plat depicts the location of each
Unit, the location of each Unit and the floor area of each Unit and further sets forth, in general
terms, the location of the additional Units which may become a part hereof by virtue of the
expansion provisions contained herein. When the exact dimensions, floor area and location of
the Units which are contemplated by virtue of the expandable provisions of this Declaration are
determined, the Condominium Plat shall be amended to include such information, as
V834 p 202
contemplated by §703.26(3), Wisconsin Statutes. For this purpose, each Unit owner, by
accepting a deed for a Unit, automatically, and without the requirement of further
documentation, appoints the Declarant as his or her attorney -in -fact, under an irrevocable power
of attorney coupled with an interest to act in his or her place and stead to amend the
Condominium Plat as above -provided. This power of attorney shall run with each Unit and shall
be binding and enforceable upon all Unit Owners, their heirs, successors and assigns.
ARTICLE II
OWNERSHIP OF ELEMENTS
Section 1. Ownership of Common Elements. The undivided percentage interest in the
Common Elements that is appurtenant to each Unit shall be one -twelfth (1/12). The above
undivided interests established and to be conveyed with each Unit, as indicated above, cannot be
changed except as such interests may be reallocated pursuant to: (i) the terms of Article XW
hereof (dealing with expanding condominium); (ii) the terms of Article XIII hereof relating to
relocation of boundaries; and (iii) the acquisition of a Unit by eminent domain: Pursuant to the
Act, each undivided interest in Common Elements shall be deemed to be conveyed or
encumbered with its respective Unit even though the description in the instrument of conveyance
or encumbrance may refer only to the fee title to the Unit.
Section 2. Ownership of Limited Common Elements.
a) That part of the common elements adjacent to each unit and designated on the plat as
limited common areas are reserved for the exclusive use of the owners of the units to
which said limited common areas are attached. Said limited common areas are
conveyed with each respective unit and cannot be changed except as set forth in
Section 1 above. Units 12-20 shall be responsible for maintaining their Limited
Common Elements associated with their respective units and paying expenses
attributable thereto. The Association shall be responsible to maintain the Limited
Common Elements associated with Units 1-11, and the costs associated with
maintaining said Limited Common Elements shall be chargeable only against Units
1-11. SEP 082026
b) The dock designated on the plat in front of Unit 12 shall be deemed to be a limited Bayfield Co.
common element for the benefit of Unit 12. For all other unit owners, the Planning and Zoning Agency
Association shall provide, on common elements designated by the Association, one
docking space for all unit owners, except for unit 12.
ARTICLE III
MAINTENANCE RESPONSIBILITIES
Section 1. Maintenance by Association and by Unit Owners. Except as otherwise
required under the Act, Deer Trail Lodge Condominium Association, (hereinafter,
"Association"), shall be responsible for maintenance, repair, reconstruction and replacement of
all Common Elements under the terms of this Declaration. All costs of the repair, reconstruction,
replacement, or maintenance in excess of available insurance proceeds shall be a common
expense. Each Unit Owner shall afford to the Association and to their agents or employees,
V834 p 203
access through his or her Unit reasonably necessary for those purposes. Each Unit Owner shall
be responsible for maintenance, repair and replacement of his or her Unit The Association, upon
the vote of fifty-one percent (51%) of Unit Owners shall have the right to rebuild, repair, restore
the Property and to grant utility easements under, through or over the Common Elements which
are reasonably necessary to the ongoing development and operation of the Condominium.
ARTICLE IV
ALLOCATION OF COMMON EXPENSES
Section 1. Common Expense Assessment? From and after the adoption of the budget
and the levying of expenses by the Association under Section 703.16 of the Act, each Unit
Owner covenants to pay common expenses (as the term is used in Section 703.16 of the Act).
Except as set forth herein, common expense assessments shall be allocated equally among the
Units. Assessments (other than special assessments) shall be payable annually unless otherwise
provided in the bylaws. The Association may assess any common expense benefiting less than
all of the Units against the Units benefited. Since Units 1-10 exclude, by their definition, the
outer boundaries and exteriors of said Units, it is anticipated special assessments regarding
maintenance and repairs of those Units will be made on a regular basis to those Unit Owners. In
such case, the assessment shall be allocated among the Units benefited in proportion to their
common expense liability.
Section 2. Utility Expenses. The responsibility of Unit Owners for the payment of C E1VED
utilities pertaining to their individual units shall be as set forth in Article XVIII.
ARTICLE V SEP 08 2026
LIABILITY FOR ASSESSMENTS
Bayfield Co.
Section 1. Lien of Association. The Association shall have a lien on each Unit fpj o ng and Zoning Agent'
assessments levied against that Unit, as provided under Section 703.16(4) of the Act and such
lien shall have the priority and maybe foreclosed in the manner provided in the. Act. Fees,
charges, late charges and interest charges pursuant to Section 703.16 of the Act shall be
enforceable as assessments. Past due assessments, and amounts enforceable hereunder as
assessments, shall bear interest at the rate established in Section 703.16(7) of the Act.
Section 2. No Waiver of Liability. Each Unit Owner at the time an assessment is
payable is personally liable to the Association for the payment of the assessment against his or
her Unit, as provided in Section 703.16(3) of the Act, and no Unit Owner may exempt himself or
herself from the common expense liability by waiver of the use or enjoyment of any of the
Common Elements or by the abandonment of his or her Unit.
Section 3. Liability of Grantee for Unpaid Assessments. Ina voluntary conveyance of
a Unit (except as provided with respect to First Mortgagees under Article XII hereof) the grantee
of the Unit shall be jointly and severally liable with the grantor for all unpaid assessments by the
Association against the grantor for his or her share of the common expenses up to the time of the
grant or conveyance, without prejudice to the grantee's right to recover from the grantor the
V834 P 204
amounts paid by the grantee therefor. However, any grantee shall be entitled upon written
request to a statement setting forth the amount of unpaid assessments currently levied against his
or her Unit, as provided in Section 703.16(5) of the Act.
Section 4. Reserve for Replacements: Annual Assessments. Assessments for
common expenses shall include an adequate reserve fund for replacement of Common Element
components which shall be funded by annual payments and not by extraordinary special
assessments.
ARTICLE VI
ALLOCATION OF VOTING RIGHTS
Section 1. Allocation. Each of the twelve (12) Unit Owners shall have one vote at
meetings of the Association.
ARTICLE VII
MISCELLANEOUS COVENANTS
Section 1. Miscellaneous Covenants. Declaram, for itself, its successors and assigns, RECEIVED
by this Declaration, and any future Unit Owner, by acceptance of a deed to a Unit, covenant and
agree as follows: SEP 082076
a) Ingress and Egress of Unit Owners. There shall be no restriction upon any Unit gayrx:ta Co.
Owner's right of ingress to and egress from his or her Unit, nor can the Association Planning and Zoning Agency
impose charges or fees for the use of Common Elements constituting ingress and
egress to a Unit.
b) Administration. The administration of the Condominium shall be in accordance with
the provisions of the Act, this Declaration, and the By -Laws of the Association.
c) Compliance with Declaration. By -Laws and Rules and Regulations. Each Unit
Owner, tenant or occupant of a Unit shall comply with the provisions of this
Declaration, the By -Laws, and rules and regulations of the Association or its
representative, as lawfully amended from time to time, and failure to comply with any
such provisions, rules or regulations, shall be grounds for an action to recover sums
due, for damages, or for injunctive relief.
d) Use of Common Elements. There shall be no obstruction, littering, defacement or
misuse of the Common Elements.
e) Registered Agent for the Association. The registered agent for the Association shall
be David L. Hisdahl, 13345 County Hwy. M, Cable, Wisconsin, 54821, and he shall
be the person to receive service of process. A successor for this purpose may be
named by the Association and the name and address of the successor shall be filed
with the. Department of Financial Institutions.
V834 p 205
f) Address of Condominium. The address of the Condominium shall be 13095 Deer
Trail Lane, Iron River, Wisconsin, 54847.
ARTICLE VIII
CONDOMINIUM ASSOCIATION
Section 1. Membership Automatic. A Unit Owner shall automatically, upon becoming
the owner of a Unit or Units, be a member of the Association and shall remain a member of said
Association until such time as his or her ownership ceases for any reason, at which time his or
her membership in said Association shall automatically cease.
RtCEIVEL
Section 2. Binding Effect. All agreements and determinations lawfully made by the
Association in accordance with the voting percentages established under the Act, this SEP o 8 2026
Declaration or in the By -Laws, shall be deemed to be binding on all Unit Owners, their
successors and assigns.
Bayfield Co.
Planning and Zoning Agency
ARTICLE IX
INSURANCE
The Association shall provide and maintain fire and broad form extended coverage
insurance on the building and any other common elements and portion thereof in an amount not
less than the full replacement value thereof from time to time. Such insurance shall be obtained
in the name of the Association as trustee for each of the unit owners and their respective
mortgages in the percentages established in this Declaration, as thew interest may appear.
Premiums shall be a common expense, except the portion of the premium attributable to each
Unit for fire insurance shall be assessed to each unit owner based upon the actual cost of fire
insurance attributable to each unit, if the same can be determined, otherwise, the premium for
fire insurance shall be allocated amongst the unit owners based upon the square footage cost per
unit. To the extent possible, the insurance shall provide that the insurer waives its rights of
subrogation as to any claim against unit owners, the Association, and their respective servants,
agents -and guests, and that the insurance cannot be cancelled, invalidated nor suspended on
account of conduct of any one or more unit owners, or the Association, or their servants, agents
and guests, without thirty (30) days prior written notice to the Association giving it opportunity
to cure the defect within that time. The amount of protection and the types of hazards to be
covered shall be reviewed by the Association at least annually and the amount of coverage may
be increased or decreased at any time it is deemed necessary as determined by the Association to
conform to the requirements of full insurable value.
The Association shall also provide public liability insurance covering the common
elements and facilities and any limited common elements with respect to all claims commonly
insured against in such amounts as may be determined at the discretion of the. Association from
time to time. The Association may also provide workman's compensation insurance, directors'
V834 P 206
T
and officers' liability insurance and fidelity bonds on such officers and employees in such
amounts and with such coverage as is determined by the Association to be necessary or advisable
from time to time. Nothing contained in this paragraph shall be deemed to prohibit any unit
owner, at his own expense, to provide any additional insurance coverage on his improvements,
on his personal property or on his unit which will not duplicate any insurance provided by the
Association.
ARTICLE X
Section 1. Condemnation of Unit or Common Elements. If any Unit or portion
thereof or the Common Elements or any portion thereof is made the subject matter of any
condemnation of eminent domain or proceedings in lieu of condemnation or eminent domain or
is otherwise sought to be acquired by a condemning authority (all of the foregoing being �9
REChereinafter referred to as "condemnation"), then and in any such event the provisions of SectioE WE I)
703.19 of the Act shall apply. First Mortgagees shall be entitled to receive timely written notice
of any such condemnation proceeding or proposed acquisition. SEP 082026
082026
ARTICLE XI Bayfield Co.
SPECIAL DECLARANT RIGHTS Planning and Zoning Agency
Section 1. Special Declarant Rights. The Declarant expressly reserves the following
special Declarant rights, as the term is used in the Act:
a) All of the Declarant control rights set forth at Section 703.15(2)(c) of the Act, to
appoint and remove the officers of the Association or to exercise the powers and
responsibilities otherwise assigned by the Declaration to the Association or its
officers for a period often (10) years from the date of the first conveyance of a Unit
to a Unit Owner other than Declarant, provided, however, that such period of
Declarant control shall terminate thirty (30) days after the conveyance of seventy-five
(75%) of the common Element interest to purchasers.
b) To complete improvements indicated on the Condominium Plat, as amended from
time to time, under Section 703.26 of the Act.
c) To maintain sales offices, management offices and signs advertising the
Condominium, and models, which models may be any Unit owned by Declarant.
d) To reserve easements through the Common elements for the purpose of making
improvements within the Condominium, including the improvement of any additional
Units described in Article XIV hereof.
e) To add additional real estate, Under Section 703.26 of the Act, and as more fully
described in Article XIV, below.
ARTICLE XII
V834 P 207
RIGHTS OF FIRST MORTGAGEES
Section 1. Conflicting Provisions. The provisions of this Article take precedence over
any other conflicting provisions of this Declaration.
Section 2. Notice of Action. Upon written request to the Association, identifying the
name and address of the holder, insurer or guarantor of a First Mortgage on a Unit in the
Condominium and the Unit number or address (a holder of a First Mortgage on a Unit who has
so requested such notice shall be referred to herein as an "eligible mortgage holder" and an
insurer or guarantor of a mortgage on a Unit who has so requested such notice shall be referred
to herein as an "eligible insurer or guarantor"), any such eligible mortgage holder or eligible
insurer or guarantor shall be entitled to timely written notice of:
a) Any condemnation loss or casualty loss which affects a material portion of the
Condominium or any Unit on, which there is a First Mortgage held, insured, or
guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as
applicable;
b) Any delinquency in the payment of assessments or charges owed by a Unit Owner of
a Unit subject to a First Mortgage held, insured or guaranteed by such eligible holderREt !IVD
or eligible insurer or guarantor, which remains uncured for a period of sixty (60)
days; SEP 08 2026
c) Any lapse, cancellation or material modification of any insurance policy of fidelity Bayfieid Co.
bond maintained by the Association;
Planning and Zoning Agency
d) Any proposed action which would require the consent of a specified percentage of
mortgage holders as specified below or in this Article XIf.
Section 3. Certain Amendments to Declaration or Bylaws. Unless at least 67% of the
owners and their mortgagees (other than any sponsor, developer, builder, or the Declarant) of the
Units (based upon the percentage of ownership in the Common Elements) have given their prior
written approval, neither the Association nor the unit Owners shall be entitled to:
a) Terminate the legal status of the Condominium (except in accordance with the
procedures set forth in the Act or these Declarations and By -Laws in the event of
amendment or termination made as a result of destruction, damage or condemnation);
b) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer,
the Common Elements (the granting of easements for utilities or for other public
purposes consistent with the intended use of the Common Elements shall not be
deemed such a transfer);
c) Use hazard insurance proceeds for losses to any Condominium property (whether to
units or to Common Elements) for other than the repair, replacement or
V834 p.208
reconstruction of such Condominium property, except as provided by statute in case
of substantial loss to the units and/or Common Elements of the Condominium.
Section 4. Examination of Association Books and Records; Financial Statements.
The Association shall make available to any Unit Owner, or to any holder, insurer or guarantor
of any First Mortgage, a current copy of this Declaration, the By -Laws, any other rules
governing the Condominium and the books and records and financial statements of the
Association. "Available" means for inspection, upon request, during normal business hours or
under other reasonable circumstances. The Association also shall make available to prospective
purchasers current copies of this Declaration, the By -Laws of the Association and other rules
governing the Condominium and the most recent annual financial statement if such is prepared.
First Mortgages shall be entitled to have a financial statement prepared at their expense if such
statement is not otherwise available. Any financial statement requested pursuant to this Sectioty. ` iv
4 shall be furnished within a reasonable time following such request. 1'[
Section 5. Priority of Lien of First Morteaae. To the maximum extend permitted bySEP 08 2026
law, the lien for assessments or other charges becoming payable on or after the date of
recordation of the First Mortgage on any Unit shall be subordinate to the lien of such First Bayfield Co.
Mortgage. Any lien for assessments hereunder shall not be affected by any sale or transferlMddng and Zoning Agency
Unit, except that the sale or transfer of title to a Unit pursuant to foreclosure of a First Mortgage
or deed or proceedings in lieu of foreclosure shall extinguish any subordinate lien for
assessments which became payable prior to such sale or transfer of title. Any assessments so
extinguished may be reallocated and reassessed against all Units as a common expense. Any
such sale or transfer of title pursuant to foreclosure or deed or proceedings in lieu of foreclosure
of a First Mortgage shall not relieve the purchaser or transferee of a Unit from liability for, nor
the Unit from, the lien of any assessments made thereafter. To the maximum extent permitted by
law, there should be subordinated to any First Mortgage the lien of any fees, late charges, fines
or interest that may be levied by the Association in connection with the unpaid assessments, in
the same manner as the subordination or assessments hereunder.
Section 6. Insurance or Condemnation Proceeds. Other than as provided in Article X,
Section 1, no provision of this Declaration or the By -Laws of the Association shall be construed
to give any Unit Owner, or any other party, priority over the rights of any First Mortgagee of a
Unit pursuant to its First Mortgage in the case of a distribution to a Unit Owner of insurance
proceeds or condemnation award for losses to or a taking of Common Elements or any portion
thereof or any Unit or portion thereof. In the event of substantial damage to or destruction of any
Unit or any part of the Common Elements, the holder of any First Mortgage on a Unit will be
entitled to timely written notice of such damage or destruction. If any Unit or portion thereof or
the Common Elements or any portion thereof is made the subject matter of any condemnation or
eminent domain proceeding or is otherwise sought to be acquired by a condemning authority,
then the holder of any First Mortgage on a Unit will be entitled to timely written notice of any
such proceeding or proposed acquisition
Section 7. Attendance at Meetines of Association. Any eligible holder of a First
Mortgage who so requests shall be given notice of all meetings of the Association as if such First
Mortgagee was a Unit Owner entitled to notice. Each such First Mortgagee shall have the right
V834 P 209
to designate a representative to attend all such meetings, which representative shall not have the
right to cast a vote.
ARTICLE XIII RECEivED
RELOCATION OF BOUNDARIES
SEP 0 8 2026
A relocation of boundaries between adjoining Units is hereby expressly permitted
pursuant to the provisions of Section 703.13(6) of the Act. Bayfield Co.
Planning and Zoning Agency
ARTICLE XIV
EXPANDING CONDOMINIUM
Section 1. Option of Declarant to Add Additional Units. Declarant hereby reserves an
option to add additional Units to the condominium. The option to add additional Units will lapse
ten (10) years after the date on which this Declaration is Recorded. There are no circumstances
that will terminate this option prior to the expiration of such ten (10) year period. Except as
otherwise provided in this Section, there shall be no other restrictions on the options to add Units
to the Condominium. The description of each additional Units is set forth in the Condominium
Plat. In general terms, the outlines of the additional Units contemplated by this provision are set
forth on the Condominium Plat.
Section 2. Manner of Adding Additional Units. The Units contemplated herein may
be added separately or simultaneously to the Condominium and no assurances are made by the
Declarant with respect to the order in which additional Units may be added. Said additional
Units shall be added by the method described in Section 703.26 of the Act.
Section 3. Maximum Number of Units. A maximum number of eight (8) Units may be
created and added to be used exclusively for residential use resulting in a total maximum number
of twenty (20) Units in the condominium.
Section 4. Percentage of Interest in Common Elements. Units added to the
Condominium pursuant to this Article shall be combined with existing Units and such combined
Units shall share equally the liabilities for common expenses and the rights to commons
surpluses and shall own equal interest in the Common Elements. The undivided percentage
interest in the Common Elements that is appurtenant to each Unit shall be determined by
dividing one (1) by the number of Units then included in the condominium and each Unit shall
have one vote in the affairs of the Association.
Section 5. Application of Declaration. All restrictions in this Declaration effecting use,
occupancy, and alienation of Units will apply to any Units created by virtue of this Article. In
the event that additional Units are added to the Condominium, the Declaration and the
Condominium Plat shall be amended to reflect such expansion.
10 V834P210 210
ARTICLE XV
ASSOCIATION'S RIGHT OF ENTRY TO MAKE REPAIRS
Section 1. Easements Reserved by Declarant and the Association. The Declarant,
the Association and their assigns, designees or representatives shall have the right of free access
to any Unit for the purpose of installing, repairing and maintaining any utility service to any Unit
or, pursuant to Section 703.32(4) of the Act, to make repairs to Common Elements; provided�a1.C�r — D
such party shall restore. the surface of the Unit as near to its original condition as mafl
reasonably possible within a reasonable time of such installation, repair or maintenance.
ARTICLE XVI SEP 0 8 2026
EASEMENTS, RESERVATIONS AND ENCROACHMENTS Bayfield Co.
Planning and Zoning Agency
Section 1. Easements are hereby declared and granted for the benefit of the Unit
Owners, the Association and reserved for the benefit to the Declarant for utility purposes,
including the right to install, lay, maintain, repair, and replace water mains and pipes, gas mains,
telephone wires and equipment, master television antenna system wires and equipment, and
electrical conduits and wires and equipment, including power transformers, over, under, along
and on any part of the common areas and facilities and over, under, along and on any part of the
limited common areas.
Section 2. In the event that by reason of the construction, reconstruction, settlement, or
shifting of any building, or the design or construction of any Unit, any part of the common areas
and facilities, or limited common areas encroaches or shall hereafter encroach upon any part of
any Unit, or any of any Unit encroaches or shall hereafter encroach upon any part of the common
areas and facilities, or limited common areas, or any portion of any Unit encroaches upon any
part of any other Unit, valid easements for the maintenance of such encroachment are hereby
established and shall exist for the benefit of such Unit shall as all or any part of the building
containing such Unit shall remain standing; provided, however, that in no event shall a valid
easement for any encroachment be created in favor of the owner of any Unit or in favor to he
owner or owners of the common areas or facilities, or limited common areas, if such
encroachment occurred due to the willful conduct of said owner or owners.
Section 3. All easements and rights described herein are easements appurtenant, running
with the land, and are subject to the reasonable control of the Association. All easements and
rights described herein are granted and reserved to, and shall inure to the benefit of and be
binding on, the undersigned, it successors and assigns, and on all Unit Owners, purchasers, and
mortgagees and their heirs, executors, administrator, successors and assigns. The Association
shall have the authority to execute all documents necessary to carry out the intent of this
paragraph.
ARTICLE XVH
V834p211
11
Section 1. Use of the Property. In addition to any other restrictions which may be
imposed by this Declaration or rules promulgated thereunder or bylaws, the use and conveyance
of the Units in Deer Trail Lodge Expandable Condominium, and the erection of any new Units
contemplated by virtue of the expandable provisions contained in this Declaration, shall be
governed by the following provisions:
a) All new units shall have a minimum of 800 square feet on the main level, exclusive of
porches and garages. Multi -level units, if built, may be allowed with architectural
review even though they may not have 800 square feet on the main level. All units
shall be single family.
b) Once construction has been commenced on any unit within the condominium project,
such residential unit must be completed within 12 months of the commencemwdat — EIVE®
the construction. R
c) If the owner of any unit fails to complete construction within 12 months and isgi,p� 08 2026
making reasonable and substantial progress toward completion and/or such pro
is delayed through no fault of the owner, the declarant, their heirs and assigns, reserv�a. ld Co.
the right after 30 days written notice to the owner, to enter the premises anAl7fand Zoning Agency
owner's expense, either finish the unit or dismantle it, whichever in the opinion of the
declarant, their heirs and assigns, and appropriate legal counsel is in the best interests
of the condominium project.
d) The exterior of all structures and improvements shall be properly maintained and kept
in good repair at all times.
e) Any unit to be constructed within the condominium project, shall consist of only one
building. Any garage must be attached to the primary residence/unit.
I) The exterior of all units shall be constructed of wood, brick or other natural materials,
and the exterior of all units shall be of natural or earth tone colors.
g) All roofs on any buildings shall be of either dark or neutral colors, unless otherwise
approved by the architectural review committee as set forth below.
h) No storage buildings shall be allowed• adjacent to any unit unless approved by the
condominium association.
i) No temporary structures of any kind may be placed adjacent to any unit or utilized as
a portion of any unit, nor shall there be any trailers or mobile homes erected or moved
onto the condominium property.
j) Each unit shall be used exclusively for residential purposes, and no commercial or
public use of the units or structures thereon is allowed, except for home offices. This
provision shall not preclude or restrict the right of an owner to rent his or her Unit to
third parties.
V834p212
12
k) Signs shall not be allowed except an identification sign indicating the name of the
owner/occupant of any unit which shall be of a rustic nature no larger than 200 square
inches. A "For Sale" sign up to 6 square feet in size will be allowed until the
property is sold.
1) Outdoor storage of large recreational vehicles, including, but not limited to boats and
snowmobiles, will not be allowed. This shall not preclude, however, snowmobiles
from being kept adjacent to a unit for short periods of time during which the unit is
occupied by the owner and the owner is utilizing the snowmobile in conjunction with
the unit owners present use of the unit
m) No dust -to -dawn mercury vapor lights will be allowed. Private yard lights mounted
on the unit shall not exceed 10 feet in height.
n) No trash, garbage or other waste receptacles shall be placed or located adjacent to any
unit. The association shall provide a refuse receptacle for use by the unit owners.
nECEIVED
SP 8 228
o) LP tanks shall be allowed adjacent to any unit, and shall be located within the limited
common areas adjacent to a unit. If it is not feasible for the LP tank to be located on Sayfieid Co.
limited common area, LP tanks may be placed upon common property, with thclanning and Zoning Agency
location to be subject to the approval of the condominium association.
p) No overhead wiring of any nature will be allowed. Owners will be allowed to put in
satellite dishes that do not exceed 24 inches in diameter, provided such facility blends
into the wooded areas of the lot.
q) In the event that abandoned or junk vehicles, trailers or other personal property are
left adjacent to any unit, the declarant, their heirs or assigns, reserves the right to
remove the same, after a 30 day written notice, and charge the expense thereto to the
unit owner.
r) No livestock, bees, poultry of any kind shall be kept, bred or raised by any unit owner
except that dogs, cats or other domestic pets may be kept provided they are not bred,
kept or maintained for any commercial purpose. All dogs must be kept either on the
unit owner's limited common area or on a lease. Continually barking or howling
dogs will not be allowed and their removal shall be mandatory upon request of the
declarant, their heirs and assigns, and/or a majority of unit owners.
s) No unit owner shall cut any trees except those that are necessary to be cut in relation
to constructing a unit, and in such a case, tree cutting and removal shall be subject to
the approval of the architectural review committee, and/or condominium association.
The declarant shall be deemed initially to be the architectural review committee and
shall have the right of architectural review of all plans or improvements to be
constructed within the condominium property. Plans shall be developed with the idea
of maintaining the particular woods -like rural character of the Deer Trail Lodge
Condominium. The concern is primarily with the external appearance and setting of
units and architectural plans shall be developed so that they will enhance the inherent
natural beauty of the area. Prior to commencing construction, the unit owner shall
13 V834. p 213
submit to the architectural review committee, plans and specifications showing the
nature, kind, shape, height, materials and locations of any proposed unit. In the event
the architectural review committee fails to approve or disapprove such design and
location within 30 days after said plans and specifications have been submitted,
approval will not be required and this section shall be deemed to have been fully
complied with. At such time that the declarant no longer has control of the
condominium association pursuant to §703.15(2)(c), Wisconsin Statutes, the board of
directors of the association shall be deemed to be the architectural review committee.
ARTICLE XVIII
OBLIGATION OF UNIT OWNERS PERTAINING TO UTILITIES
Section 1. Electric Service. Each Unit will have a separate meter for electric purposes
and each Unit Owner shall be responsible for the payment of electric utility charges pertaining to
his or her Unit.
• Section 2. LP Gas. Unit Owners may share the use of one or more LP gas tacks, andyp^cElvfC
such instance, separate gas meters shall be installed for each Unit so that each Unit Owner won —
be responsible for their own payment of LP gas usage. The Unit Owners whose Units are so
situated that they cannot utilize a common LP gas tank, shall be allowed to maintain an LP ggfip O 82026
tank adjacent to their Unit on the Limited Common Area adjacent to said Unit. If it is n
feasible for said LP gas tank to be located on Limited Common Area, said tank may be located Bayfieb Co.
upon Common Area, with the location of said Unit subject to the approval of the Associatiopianning and zoning Agency
Section 3. Wells.
a) One well presently serves Unit 1-11, and the pressure tank pertaining to said well is
presently located inside the residence of Unit 11. The owners of Units 1-11 shall be
jointly responsible for the maintenance, repair and replacement costs associated with
said well and pressure tank. The Association, or a designated agent of the owners of
Units 1-10 may enter Unit I I at reasonable times and under reasonable conditions
when necessary in connection with any maintenance, construction or repair of the
pressure tank.
b) Unit 12, and any additional Units created by virtue of the expandable provisions of
this Declaration, shall have their own wells, and each Unit Owner shall be responsible
for the costs associated with the maintenance, construction and repair of said wells.
Said wells shall be located on the Limited Common Area adjacent to said Units and if
it is not feasible for the wells to be so located, wells may be located upon common
area, with the location being subject to the approval of the Association.
c) In the event any well within the Condominium needs tc be replaced, if feasible, the
replacement shall occur within the Limited Common Area adjacent to the Unit(s)
served by said well. If it is not feasible to locate the well within said Limited
Common Areas, the replacement well may be located within common areas, with the
location being subject to the approval of the Association.
V834 P 214
14
Section 4. Septic.
a) Except for a portion of Unit 11, Unit 11 and 12 have their own existing septic systems
and said Unit Owners shall be responsible for the maintenance, construction or repair
of said septic systems. A portion of Unit 11, Unit 1 and 2 share an existing septic
systems, Units 3 and 4, Units 5 and 6, Units 7 and 8 and Units 9 and 10 all also share
separate existing septic systems. Those Unit Owners which share existing septic
systems shall be responsible, amongst themselves, for any maintenance, construction
or repair associated with said septic systems. If any of the existing septic systems are
located within the limited common elements which are not limited common elements
for the benefit of the unit owners served by said septic systems, said unit owners shall
have the right to maintain and repair any septic systems which benefit said unit
owners but are located upon limited common elements benefiting other unit owners.
b) Any Units created by virtue of the expandable provisions of this Condominium
Declaration shall be responsible for the maintenance, construction and repair of their
own septic systems serving their Unit and the location of said Units shall be located
upon limited common space adjacent to said Units.
c) In the event any septic system within the Condominium needs to be replaced, if
feasible, the replacement shall occur within the Limited Common Area adjacent tcecEiyEQ
the Unit(s) served by said septic system. If it is not feasible to locate the septid
system within said Limited Common Areas, the replacement septic systems may be
located within common areas, with the location being subject to the approval of theSEP 0 8 2026
Association.
sayfield Co.
ARTICLE XIX Planning and Zoning Agency
USE OF COMMON ELEMENTS
Section 1. Use of Common Elements. Except as provided in Article XVI herein, the
Common Elements shall be used for the support, access, use and enjoyment by all Unit Owners.
Section 2. Parking. The Condominium Association may adopt rules and regulations
authorizing designated parking places within common elements for unit owners.
ARTICLE XX
Ce
Section 1. Arbitration. In the event of any dispute and deadlocked vote between the
unit owners with regard to Deer Trail Lodge Condominium, or the administration, maintenance
or repair of any of the condominium property which is to be conducted by the unit owners acting
together, which cannot be resolved by agreement among the unit owners, such dispute shall be
submitted to arbitration. The parties shall agree upon a sole arbitrator who shall make a final and
binding decision as to the dispute within thirty (30) days of being selected. The costs of
arbitration and all fees of the arbitrators shall be divided equally among the unit owners. In the
event an arbitrator is not or cannot be selected by the parties, the Judge of the Circuit Court of
15 V834P215 215
Bayfield County shall be requested to select an arbitrator. All questions or issues concerning
arbitration which are not governed by this Declaration shall be governed by the provisions of
Chapter 788 of the Wisconsin Statutes.
Section 2. Arbitration Limitation. The requirement of arbitration as stated herein is
limited to claims, disputes and other matters in question in which the amount in controversy does
not exceed $25,000. As to all claims, disputes and other matters in question involving a greater
amount, the unit owners shall have the right to follow any procedures and seek any remedies that
may be permitted bylaw.
Section 3. Enforcement. Each unit owner shall have the right to enforce, by any
proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens, charges
and assessments imposed by or pursuant to this Declaration. Failure by any owner to enforce
any covenants, restrictions or assessments imposed by or pursuant to this Declaration shall in no
event be deemed a waiver of the right to enforce such covenants, restriction or assessment in thRECtIVED
future or upon subsequent violations.
ARTICLE XXI SEP 08 2026
GENERAL PROVISIONS
Bayfield Co.
Section 1. Nuisances. No noxious or offensive activities shall be carried on upon pning and Zoning Agency
Unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance
to any Owner or to any other person lawfully residing in the Property.
Section 2. No Discrimination in Sale or Lease of Unit. Neither the Declarant nor any
Owner shall discriminate in the sale, lease, rental or in the use or occupancy of a Unit because of
religion, race, color, creed, national origin, sex, marital status, or status with respect to public
assistance of disability or, in furtherance of such covenant, in contravention of the provisions of
Wisconsin Statutes and regulations thereunder, which relate to civil rights and discrimination.
Section 3. Notices. Any notice required to be sent to any Owner under the provisions of
this Declaration shall be deemed to have been properly sent when mailed postpaid to the last
known address of the person who appears as an Owner on the records of the Association at the
time of such mailing.
Section 4. Enforcement. In the event any Owner fails to comply with the provisions of
this Declaration, the Articles of Incorporation or Bylaws of the Association or with decisions of
the Association, such failure will give rise to a cause of action on part of the Declarant, the
Association, or any aggrieved Owner for the recovery of damages or for injunctive relief, or
both. Enforcement of these covenants and restrictions may be by any proceeding at law or in
equity. It is understood that with respect to the provisions of Article XVII hereof relating to
architectural control, monetary damages are an inadequate remedy and therefore, injunctive
relief is warranted.
16 v834P16 216
(715)373-2628
Section 5. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision which shall remain in full
force and effect.
Section 6. Duration of Covenants, Restrictions. The covenants, restrictions and
easements of this Declaration shall run with and bind the Property and shall insure to the benefit
of and be enforceable by the Association or the Owner of any Unit subject to this Declaration, or
their respective legal representatives, heirs, successors and assigns. The covenants and
restrictions herein set forth shall have a term of twenty (20) years from the date this Declaration
is recorded, after which time, said covenants and restrictions shall be automatically renewed for
successive periods of ten (10) years. Except for the composition of the Architectural Control
Committee, the covenants and restricfions of this Declaration may be amended by no less than
sixty-seven percent (67%) of the Unit Owners. Any amendment must be properly recorded.
IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and Ids
year first above written. RECEIVED
DEEERTRAIL LODGE EXPANDABLE SEP 082026
CONDOMINIUM
h Bayfield Co.
planning and Z Zoninn g Agency
Bruce C. Andersen
Carmen J. Andersen
STATE OF t pS
)ss.
COUNTY OF fia_ie )
Personally came before me this�d yday of September, 2002, the above named
Bruce C. Anderson and Carmen J. Anderson, to me known to be the persons who executed
the foregoing instrument and acknowledge the same.
V834P217
n -
CONSENT AND JOINDER BY MORTGAGEE
Northern State Bank is the mortgagee of portions of the real property described in this
Declaration by a mortgage dated the € g '— day of doo j, which mortgage
was filed for record with the Bayfield County Register of Deeds office on the ?t'- day of
as Document Number aV IIP31y In its sole capacity as mortgagee,
mortgagee hereby consents to and joins in this declaration and hereby declares that the real
property herein described is, and shall beheld, transferred, sold, conveyed and occupied subject
to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants
and restrictions") herein above set forth, which covenants and restrictions shall run with the real
property and be binding upon all parties having any right, title or interest in the herein above -
described properties, or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof, provided, however, that this consent and joinder is hereby made
solely for the purpose of burdening and subjecting said real property to the covenants,
restrictions, easements, charges and liens hereinabove set forth; and provided, further, however,
that by consenting to and joining in this declaration, mortgagee shall not and does not in any
manner constitute itself or obligate itself as declarant as hereinabove defined nor does such
consent and joinder in any way or manner modify or amend the terms and conditions of the
above -described mortgage loan.
IN WITNESS WHEREOF mortgagee has caused this consent and joinder to be
executed on the 19+kday of September, 2002.
NORTHERN STATE BANK
PEtEWWED
Its �r�c `E.�� U.cc &c;k,sk
STATE OF WISCONSIN )
)ss.
COUNTY OF Ashland
Personally came before me this 19th day of September, 2002, the above named Margaret
M. Petersen, to me known to be the person who executed the foregoing instrument and
acknowledge the same.
No blic, Bayfield County, WI Melanie L. Blaine
My co fission: 05/01/2005
k
IS
V834 P 2 18
SEP 082026
Bayfeld Co.
planning and Zoning Agency
EXHIBIT A
LEGAL DESCRIPTION
A parcel of property located in the North One-half (N%) and the Southwest Quarter of the
Northwest Quarter (SW'!. NWY.), Section Seven (7), Township Forty-six (46) North, Range
Seven (7) West, Town of Delta, Bayfield County, Wisconsin, described as:
Commencing at the comer common to Sections 1 & 12, T46N, RBW, and Sections 6 & 7, T46N,
R7W; thence S00°15'49"E 162.05 feet to a point located near the water's edge of Delta Lake
which is the point of beginning; thence along the Southerly right-of-way of Cty. Hwy. "H"
$63°17'29"E, passing through an iron pipe at 52.69 feet, 755.42 feet; said line also runs
N35°02'52"W to the water's edge; thence continuing along said right-of-way S35°02'52'E
120.90 feet; thence continuing along said right-of-way on a curve to the left having a radius of
234.97 feet, a long chord bearing and distance of S75°7'29'E 624.99 feet, 627.47 feet; thence
continuing along said right-of-way S83°48'09"E 901.02 feet; thence.continuing along said right-
of-way N68°16'44"E 112.36 feet; thence continuing along said right-of-way, on a curve to the
right, having a radius of 1844.93 feet, a long chord bearing and distance of S72°33'53"E 346.86
feet, 347.38 feet; thence S02°14'18"E 459.81 feet; thence S89°27'28"W 1076.44 feet; thence
N88°46'28"W 604.50 feet; thence S17'11'02"W 219.55 feet to an iron rod which marks the
beginning of a meander line to Delta Lake; said line continues to the water's edge; thence along
said meander line N68°53'27"W 453.02 feet; thence continuing along said meander line
N39°10'40"W 180.71 feet; thence continuing along said meander line Nl7°50' 10"E 233.80 feet;
thence continuing along said meander line N49°26'30"W 281.57 feet; thence continuing along
said meander line N33°53'46"W 264.48 feet; thence continuing along said meander line
N48°05'50"W 205.34 feet; thence continuing along said meander line N00°09'05"W 273.67 feet
to the POINT OF BEGINNING; containing 1,721,506 square feet, more or leas, which is 39.52
acres, more or less, including all land between the meander tine and the water's edge, and is
subject to road and any other easements of record.
RECEIVED
SEP 082026
Bayfield Co.
Planning and Zoning Agency
V834 p 219
shed is rebuilt.
RECEIVED
SN 0 8 2026
Bayfiekl Co.
Planning and Zoning Agency
d. Outdoor storage: Annual review of the policy that allows for storage of one unloaded
boat trailer per developed unit in the lower lot on Sleepy Fawn between May I and Sept 30th
with HOA Board permission. Motion to renew policy by Kathy and seconded by Matt.
5. New Business:
a. Three Bears Contract Joe from Three Bears has had some medical issues and is no
longer able to do spring and fall cleanup and snow removal. Paul indicated that spring and fall
cleanup is generally costing $1500/each. Lawn mowing costs $860/month.
Jim's Cabin Repair was contacted but Paul said they had not responded back yet. Megan
states she has dealt with them and will check with them into pricing. Discussion was held and
it was decided that the HOA would do spring clean up and save $1500 and continue to use
Three Bears for mowing and beach clean up. HOA will continue to explore other options/
providers for the future. It was noted that this will inevitably involve a price hike.
b. Fine for garbage overload: It was noted to all owners that there was a $250 fine earlier
this year from sanitation service due to dumpster lid not being able to be closed. Reminder
that the dumpster is NOT for large items and meant for disposal of garbage by owners and
guests only.
- There was discussion again on possibility of getting a wireless camera for surveillance. Twin
Ports would possibly be able to install at time of wiring with new shed.
- Discussion of recycling at least for cans to help with overcrowding of dumpster. Pauline
(cabin 5) volunteered to come up with a plan for can recycling and bring before the board.
Megan stated she and her daughters would help
c. Opening of HOA Reserve Account- With changes to insurance and recent challenges
with paperwork etc for reahors and requirements from Banks it was brought up to start a
Reserve account. Jim P stated that it is in our bylaws to have an operating as well as a reserve
account. Discussion was held and it was decided to start a Reserve fund and review annually.
Quarterly dues would be $100 per unit to fund.
- Matt motioned for $100/qtr per unit for start of Reserve Fund and Joel (5) seconded. All
present were in favor.
- Sharon will initiate with bank the set up of the separate reserve account and add cost to
quarterly dues.
6. Other. Brock from 10 mentioned 2 dead trees by cabin 10. There is also one by 3/4 and
one by dumpster. Gordy indicated he would try to fell the tree by the dumpster today. The other
trees need to be determined if they are common or limited common property for payment for
removal. HOA could possibly hire for felling of all three for better pricing.
- Reminder that dusk to dawn lights are prohibited.
- Reminder that pine needles need to be cleaned off roofs (insurance stipulation)
Deer Trail Lodge Condominium Association (HOA) meeting
May 23,2026
Meeting held at Cabin #15 -13155 Sleepy Fawn Lane, Iron River, WI
Call to Order. The annual meeting of owners was called to order at 10:13 am by President
Paul Zosel.
In Attendance: Matt Gustafson (cabin 1), Paul and Sherri Zosel (cabin 2). Joel and Pauline
Arpin (cabin 5), Joseph Zingsheim (cabin 7). Megan Marshall (cabin 8). Jim and Kathy Litscher
(cabin 9), Brock Overstreet and Nick Ross (cabin 10), Stan and Sharon Dzikonsld (canin 12),
Gordy Hastreiter (cabin 13), Jim and Kim Palecek Cabin 15)
All board members (Paul, Jim, Kathy, and Sharon (treasurer) were present
1. Welcome to new cabin #8 owner - Megan Marshall (and daughter; Carolyn and Genevieve)
2. 2025 meeting minutes were addressed. No updates or corrections were noted. A motion
to approve the minutes was made by Jim P and seconded by Megan Marshall.
3. Financial: See separate sheets distributed for revenues and expenses.
Sharon Dzlkonski DTL Treasurer presented a summary of 2025 spending and income and shed
funding update. Insurance costs went up again and it was noted that insurance companies are
clamping down with costs continuing to increase especially for Condo Associations.
Also noted:
-$16,800 for shed replacement is part of the total balance which included 4 special
assessments per unit. Further funding (additional assessment) will be addressed when
demolition, removal and rebuild of shed takes place.
-There is an additional $4,111 from 2025 dues that have not been received.
-Account balance at end of 2025 was $22,987.
4. Old Business:
a. Owners were reminded to get items out of shed over summer months
b. Shed project: Joe Plucinak and Steve Probst are heading up the committee for shed
demolition and rebuild. Paul spoke with them prior to meeting end provided update that the
demolition is on tract for October weekend with subsequent rebuild. Gordy was going to
check to make sure the current cement slab was adequate. There will be no internet for 1
month during this time of demolition and rebuild. Steve has met with the County and permit will
be a couple hundred dollars. Joe will meet with contractor who is out of Ashland. Joe has
also volunteered to assist with electrical installation. The Bid has been set but will be
rechecked and possibly adjusted as needed. Lockers are planned for each individual unit,
c. Electrical: There continues to be some issues with power station (wood rot and varmint
damage). This will be further assessed and if need for repair/replacement will pursue when
shed is rebuilt.
RECEIVED
SEP 0 8 2026
Bayfield Co.
Planning and Zoning Agency
a. Director Election: Jim P had volunteered to cover open spot for 2025 and would like to
step off of board and President Paul Zosel has served 3 years. Joel and Pauline Arpin (cabin 5)
end Megan Marshall (cabin 8) have volunteered to 011 those positions. Therefore the board for
the following year (2026) will be as follows:
President: Jim and Kathy Utscher (cabin 9)
Vice President: Joel and Pauline Arpin (cabin 5)
Director: Megan Marshall (cabin 8)
Treasurer: Sharon Dzikonski (cabin 12)
With no further business to discuss a motion to adjourn was made by Paul and seconded by
Kathy. Meeting was adjourned at 11:23 am.
Respectfully submitted on 5-28.26 by Paul Zosel, Jim Palecek and Kathy Utscher.
Note: Thank you to all who stayed to help with all the work an Saturday afternoon. Those
include:
Malt Gustafson
Paul and Sheni Zosel
Joel and Pauline Arpin
Joel Zingsheim
Megan Marshall (and gkls)
Kathy and Jim Litscher
Brock Overstreet
Nick Ross
Stan and Sharon Dzikonski
Gordy Hastreiter
Jim and Kim Palecek
There was much to do but many hands were so helpfulll
Dylan Ortman
From: Tracy Pooler
Sent: Wednesday, September 9, 2026 8:09 AM
To: permits
Subject: FW: Zoning application/meeting request
Attachments: Deer trail zoning application.pdf; Deer Trail Owners agreement.pdf; Deer trail minutes
2.pdf; Deer Trail minutes 1.pdf; Deer trail minutes 3.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Tracy Pooler - AZA
Planning and Zoning Department
117 E 5th Street, PO Box 58
Washburn, WI 54891
Phone: 715-373-3512
Fax: 715-373-0114
Email: trcy.000jei@byfieldcounty±wi.gov
I3s-YFIELD
Fraudulent BillingAlert: Be aware that individuals submitting applications to our department have
received scam emails. Bayfield County will NOT ask applicants to wire any funds. Please contact our
office atzoning@bavfi Ildcounty.wi.gov or715 373-6138 with any questions or concerns.
From: Steven Probst <steveprobst73@gmail.com>
Sent: Tuesday, September 8, 2026 8:57 PM
To: Tracy Pooler <tracy.pooler@bayfieldcounty.wi.gov>
Subject: Zoning application/meeting request
' You don't often get email from steveprobst73@gmail.com. Learn why this is important
Tracy,
I am attaching a Zoning permit application. It is on behalf of the Deer Trail Lodge Condo Association. We
own one of the units there.
It is very straightforward. There is an existing garage in the Common Area of the property that is in very
poor condition. We want to tear it down and replace it with a new one that should essentially be the
exact same size. We plan to reuse the slab so the footprint and setback will be identical.
The Common Area of the property does not have a Tax ID number. See Scott Galetka's response below
explaining why.
If you look up Tax ID# 13691 that is our unit that is right across the driveway from the existing garage. For
some reason the building footprint of the garage does not show upon the land records website. There is
a triangle of trees formed by the access roads. The garage is on that.
I am attaching the minutes of the Condo Association that authorize me to apply for the Zoning permit
(sorry they are screenshots). I am also attaching the document that created the condos and the
common area. I'm not sure if you will have a need forthat.
I see that you do office hours on Tuesdays in the Town of Barnes. Could we meet before or after your
office hours and I could show you the project next Tuesday the 15th?
I am going to leave a check for Emily at the Community Center that she can grab when she does her
office hours in Iron River tomorrow.
This has been anon again/off again project that just turned on again. We are hoping to build this fall. So
if you need anything from me to push this through just let me know and you will have it.
Thank you.
Steve
---------- Forwarded message ---------
From: Scott Galetka <Scott Galetka( bayfieldcountywi gov>
Date: Mon, Sep 7, 2026 at 8:36 PM
Subject: RE: Fwd:
To: Steven Probst <stevepro st73(c�gmail.com>, Emily Macgillivray
<emily.macgillivrayCcobayfieldcounty.wi_gov>
Cc: Madeline Gould <madelina.gould(bavfie nty.wi. ov>
This is how the Comon area was handled in Bayfield County. The common area never received a
separate parcel number. The common area legal is included with the individual condos.
Thank You,
Scott M. Galetka
Bayfield County Land Records Administrator/Land Information Officer
715-373-6156 Office
715-373-3425 Direct
715-209-3478 Cell
$ =YFIELD
LAND RECORDS
From: Steven Probst <steveprobst73@gmaiI.com>
Sent: Monday, September 7, 2026 11:31 AM
To: Scott Galetka <Scott.Galetka@bayfieldcountv.wi.gov>; Emily Macgillivray
<emily.macgillivrav(@bavfieldcounty.wi.gov>
Subject: Fwd:
IYou don't often get email from steveprobst73(a gmail.com. Learn why this is important
Scott and Emily,
My wife and I own one of the units at the DeerTrail Lodge which is an old resort which was
condo'd out. Ours is Tax ID 13691. I sat down this weekend to apply for a permit on behalf of the owners
association to replace an old garage/shed that is on the Common area. When I looked up the common
area on the Land Records website that portion of the property has no owner of record and no Tax ID
number. Is this a mistake or is it correct? Can I apply for and receive a Zoning permit for this property?
I am attaching the legal description from our deed and the Condominium Ownership Agreement
referenced in that legal. Thanks for your help.
Steve
---------- Forwarded message ---------
From: Steven Probst <steveprobst73(Thgmail.>
Date: Mon, Sep 7, 2026 at 11:09 AM
Subject:
To: Steven Probst <steveprobst73(@9mail.com>
• y.
c I t
/(
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1L
Bayfield County, WI
~ f-•-
yri V _ .r retijJ�
'^
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____ - _d -:
130 5DE RT1RAILLNUNIT ., - j i
j1 0 5 DEER TRAIL UI.TJ 1 •'..-t , ,� _`' A
____ ____ ____ 1309 DEER TiRAIL LIV UNIT 3 �+'� � ��>� r � .�'
,. 13D95 D R TiRAIL LFJ•WI•JIT G
/ 113095R TRAIL LN UIJIT r
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9/11/26, 11:02 AM Novus-Wisconsin Access rev. 12-0206 s4<j
5 j3 Real Estate Bayfield County Property Listing Property Status: Current
Today's Date: 9/11/2026
Created On: 3/15/2006 1:15:18 PM
Lr Description
Updated: 3/1.5/2018
OV Ownership
Updated: 3/15/2018
Tax ID:
13691
STEVEN P & ELIZABETH A PROBST IRON RIVER WI
PIN:
04-016-2-46-07-07-2 00-609-06000
Legacy PIN:
016111508006
Billing Address:
Mailing Address:
Map ID:
STEVEN P & ELIZABETH A
STEVEN P & ELIZABETH A
Municipality:
(016) TOWN OF DELTA
PROBST
PROBST
STR:
$07 T46N R07W
7965 RIDGE DR
7965 RIDGE DR
Description:
DEER TRAIL LODGE EXPANDABLE
IRON RIVER WI 54847
IRON RIVER WI 54847
CONDOMINIUM UNIT 6 TOG WITH UND
INT IN COMMON ELEMENTS & LIMITED
! Site Address * indicates
Private Road
COMMON ELEMENTS IN DOC 2018R-
572153
13095 DEER TRAIL LN , UNIT 6
* IRON RIVER 54847
Recorded Acres:
0.070
Calculated Acres:
0.013
® Property Assessment
Updated: 8/29/2011
Lottery Claims:
0
2026 Assessment Detail
First Dollar:
Yes
Code
Acres Land Imp.
Zoning:
(R-RB) Residential -Recreational Business
G1 -RESIDENTIAL
1.397 48,500 31,000
ESN:
110
1 Tax Districts Updated: 3/15/2006
1
STATE
04
COUNTY
016
TOWN OF DELTA
041491
SCHL-DRUMMOND
001700
TECHNICAL COLLEGE
y Recorded Documents Updated: 3/15/2006
2 WARRANTY DEED
Date Recorded: 3/9/2018
0 CONVERSION
Date Recorded:
® CONDOMINIUM DEED
Date Recorded: 5/26/2005
0 CONDOMINIUM DEED
Date Recorded: 4/14/2003
2018R-572153
499397 835-536;852-
531;918-573
2005R-499397
2003R-481101 852-531
2 -Year Comparison
2025
2026
Change
Land:
48,500
48,500
0.0%
Improved:
31,000
31,000
0.0%
Total:
79,500
79,500
0.0%
1* Property History
N/A
https://novus.bayfiieldcountywi.gov/access/master.asp?paprpid=13691 1/1
Land Use Permit Application Review Checklist
Submission #: a3
What zoning district is the project to ated in?
❑ R-1 ❑ R-2 ❑ R-3 ❑ R-4 .2'R-RB ❑ C ❑ 1 ❑ M ❑ A-1 ❑ A-2 ❑ F-1 ❑ F-2 ❑ W ❑ M -M
❑ Yes No
Is lot substandard (does not meet current zoning dimensional requirements)?
Deed of record:
Yes ❑ No
Is the project located in the Shorelands (Shorelands are lands within 300 feet of a river/stream OR
landward side of floodplain OR 1000 feet of a lake/pond/flowage, whichever is greater)?
❑ Yes 0'No
Is impervious surface required? (Required if riparian lot OR lot is entirely within 300 feet of OHWM of
navigable waterway)
❑ Yes . rNo
Is the project located in the Floodplain? Zone:
Olles ❑ No
Are there wetlands on the property?
❑ Yes B'No
Is project associated with a nonconforming use or structure?
❑ Yes D'IVo
Is project associated with a variance? Case #:
❑ Yes Q-Nb
Is project associated with a Special B or Conditional Use Permit? Permit #:
❑ Yes �l4dt
Is the project associated with a Special A Use Permit?
❑ Yes aiio
Does the project require sanitary?
0 Existing 0 New 0 Intercept 0 Reconnect ❑ Non -Plumbing ❑ Public
Sanitary Permit #: # of Bedrooms:
❑ Yes .Mo
Does the project require mitigation?
Implementation Deadline: Date of Compliance:
❑ Yes o
Does the project require an affidavit? Affidavit #:
❑ Yes .B'No
Did licensed surveyor mark lot line(s), if project is within 10 feet of required setback?
❑ Yes izico
Did applicant/property owner mark lot line(s), if project is within 30 feet of required setback?
Project use is?,ErResidential ❑ Commercial ❑ Municipal
Project type is? VNew Construction _dition/Alteration ❑ Change Use ❑ Relocate ❑ RV Placement ❑ Sign
❑ Establishing a Business ❑ Temporary D Shoreland Grading 0 Other, describe:
Structure Type is: 0 Residence 0 Principal Structure cessory Structure 0 Boathouse (one story only)
❑ Open-sided/Screened Structure (gazebo, etc.) 0 Stairway to navigable waters ❑ Mobile Home
❑ Shipping Container ❑ Other, describe
Total Sq. Ft. of Project: 659 Number of Stories: Overall Height:
Fee Type
Calculation
Fee Amount
❑ Habitable Residential Principal and Accessory
Structures - Enclosed Areas — all enclosed areas within
dwelling except attached non -habitable garages
$0.50 x sq ft
(minimum $125)
$
❑ Dwelling Unenclosed Areas (decks, patios, etc.) or
Attached Non -Habitable Garages
$0.20 x s ft
q
(minimum $125)
$
Non -Habitable Residential Principal and Accessory
Structures
$0.20 x eo o sq ft
(minimum $75)
$ //!7
❑ Commercial Principal Structures
$250 + $0.005 x
cost of construction
(minimum $250)
$
❑ Commercial Accessory Structures
$150 + $0.005 x
cost of construction
(minimum $150)
$
❑ Municipal Principal and Accessory Structures
n/a
$0 (exempt from fees)
❑ Return Inspection ❑ Land Use Revisions 0 Special Use Permit - Class A 0 Floodplain 0 Shoreland - Impervious
Surface 0 Shoreland - Non -Conforming, etc. ❑ Tower Siting/Collocation 1 0 Tower Collocation 2 0 Metallic Mine
❑ After -the -Fact (ATF) I
$
Inspected by:
Date of Inspection:
/ f�
Re -Inspected by:
Date of Re -Inspection:
Denied by:
Date of Denial:
Reason for Denial:
Date Denial Letter Mailed:
Approved by:
Date of Approval:
Condition(s):
❑ Must meet and maintain setbacks from furthest extension of structure including eaves and
overhangs.
❑ For personal storage only.
❑ For personal residence only.
plc rVor human habitation or sleeping purposes.
F TTown/State/DNR/Federal may require permitting
❑ A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency must be
obtained prior to the start of construction.
4 A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency must be
obtained prior to the start of construction (if applicable).
❑ Use best management practices to limit and prevent erosion during construction.
❑ This permit cannot be transferred if property is sold.
❑ A Bayfield County Health Dept permit is required.
❑ Check with Town regarding room tax.
❑ Short -Term Rental is for a maximum occupancy of persons.
❑ Jgn must meet the requirements of Article E of the Bayfield County Zoning Ordinance.
To be constructed per plan.
❑ Adhere to privy agreement.
❑ Temporary permit allowing existing structure for a period of less than 1 year.
❑ RV may not be used for permanent residence or storage.
❑ RV allowed for
❑ RV must be removed by
sewer and pressurized water allowed in the structure.
❑ No plumbing or plumbing fixtures allowed.
❑ No additional sleeping areas allowed without obtaining necessary sanitary permit(s).
❑ Land use permits shall be required for any new residence, any building or structure erected,
relocated, rebuilt, or structurally altered
❑ Land use permits shall be obtained prior to the initiation of construction or a change in land use
❑ Requirements (e.g., permits/licensing/tax) of Local Town, Village, City, State or Federal agencies are
required
❑ Sanitation requirements must be met (if applicable)
❑ Additional conditions may be placed and need to be adhered to at the time of permit issuance
Other Conditions:
K: Applications and Forms/Applications/Land Use/Updated 2/25/2026 mdk
B-4,YFIELD
Bayfield County
Planning & Zoning
Department
117 E 5w Street
P.O. Box 58
Washburn, WI 54891
Phone: 715-373-6138
Fax: 715-373-0114
Property Owner:
Submission Number:
DEER TRAIL LODGE CONDO COMMON
LU-02536
ELEMENT
NA
Transaction Number:
undefined,
LU-02536-5697D
Description Amount
Non -Habitable Residential Principal and Accessory $130.00
Structures - $0.20/square foot (minimum $75)
Total: $130.00
Payment Amount: $130.00
Reference: 7377
Paid by: S. Probst
Payment Type: Check
Transaction Date: 9/30/2026
Receipt of payment does not guarantee eligibility of
permit and is not proof of issuance of a permit.
Town, City, Village, State or Federal
Permits May Also Be Required
Substandard — No / Nonconforming — No
Shoreland — Yes I Impervious Surface - No
Floodplain - No I Wetlands - Yes
Mitigation - No I Affidavit #:
LAND USE - X
SANITARY -
SPECIAL A -
SPECIAL B/CONDITIONAL -
BOA -
BAYFIELD COUNTY
PERMIT
WEATHERIZE AND POST THIS PERMIT
ON THE PREMISES DURING CONSTRUCTION
No. 26-0524 Tax ID: 13691 (Common Element - No Tax ID)
Issued To: DEER TRAIL LODGE CONDO COMMON ELEMENT
Location: S07 - T46N - R07W
Town of Delta
Legal Description: DEER TRAIL LODGE EXPANDABLE CONDOMINIUM UNIT 6 TOG WITH UND INT IN COMMON ELEMENTS &
LIMITED COMMON ELEMENTS IN DOC 2018R-572153
Residential Structure in R-RB zoning district
For: New Construction [1 - Story ], Accessory Structure [Rebuild/Replace] on a Slab [650 Total sq. ft. ] Height of 13'
(Disclaimer): You are responsible for complying with state and federal laws concerning construction near or on wetlands, lakes, and streams. Any
future expansions or development would require additional permitting.
Condition(s): See back of card
NOTE: This permit expires two years from date of issuance if the authorized construction Tracy Pooler
work or land use has not begun.
Authorized Issuing Official
Changes in plans or specifications shall not be made without obtaining approval.
This permit may be void or revoked if any of the application information is found
to have been misrepresented, erroneous, or incomplete. September 30, 2026
This permit may be void or revoked if any performance conditions are not Date
completed or if any prohibitory conditions are violated.
Condition(s): Not for human habitation or sleeping purposes.
Town/State/DNR/Federal may require permitting.
A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency must be obtained
prior to the start of construction (if applicable).
To be constructed per plan.
No sewer and pressurized water allowed in the structure.