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HomeMy WebLinkAboutDoll_53000150090001_Variances_09-04-20081044739 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ 1044739 was filed/recorded^ this office for record ori the ^ day of ^£^^^__2008 at lG (D WendyLTwetcalLCounty Recordeh-^ , by:\ ^-Qgpntv ' ' recording fer well certifica THE ABOVE SPACE IS RESERVED FOR THE COUNTY HECOHUhH APPLICATION FOR VARIANCB^^»H^ AUG t ^ 2008COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us $ 3 mApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ^ Pemt aajA i^A7A.i /oa Am\ Hue ^AhfVL DAYTIME PHONE 44/Ve /\lu) 1^-Oc^ESTEfi., SS‘/^I ~PiSTER.^cu. trAc i5Z)f^'5o8’9o^o'PROPERTY OWNER MAILING ADDRESS LAKE NUMBER 67/ ’2-lZ^ LAKE NAME "T^C fAlAH U i£R. e(p--rft . 'T7tja>-iizixA^SECTION (S' TOWNSHIP (SS W RANGE 59 W ‘roV ____________________LAKE CLASS Rl* WNSHIPNAME T^oya Lav-^SIJ E-911 ADDRESS PARCEL NUMBER R5~3 OOP iS'oo 90 001 ^32.as’ Buaie Spiiixcc LEGAL DESCRIPTION P’Aie.CcL. i-A OF <SoVSK.N)/'\OiT Lor -2. I S£CT^0^5 /S ~7oLOAiSHlP ■Ramge *u0e5T, ^OttcA-Tail (?ou/ct'| ^ >MiA)A)escrTA= ^0AJr7i;/J//V(S '^7V/}c/2cS. cJ^ee: \rma-teh: TYPE OF VARIANCE REQUESTED (Please Check) Structure Size Misc.Subdivision ClusterSewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I ms IS A ltejSiu.es.T F^e. A YAAiAtoce cf EVsicz-a. ti+« OF lOO* Fc«. nte puscj£K(£vt ofi- a ta.t^iOwx/'nAu TttE HtCia U1\T0A- £<F 71+C LtNAJAM.Ett C/iOdC. f'/tjcre’izry ^ HtfeH UIATTtVL L-es/CX- ssra^cic srw-oLCTuri^ ( 2-V '5 y 5 7^ ' ■ri+AT TitTSot^if m-bt I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGAJSEmNG THIS MATTER. c /y^gitsr iz . J-OO^ I DATEiWNER / AGENISjFOR OWNERSIGNAfURa OF PROPERTY PPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) y- /aTimeDate Of Hearing r Motion Peter Doll Et. Al. - Approved the variance as requested with a condition. (9:10 p.m.) After consideration, Randall Mann made a motion, second by Les Estes and carried with Paul Larson voting no, to approve a variance of 25’ from the ordinary high water level setback of 75’ for the placement of a residential structure (24’ 5” by 26’ 5") 75' from the ordinary high water mark of the unnamed creek that winds through the property with the condition, if necessary, this action is subject to the review/approval of the Planning Commission. The practical difficulties/hardships are water on two sides and the unique shape of the property. It was noted that the variance as approved will provide the applicants with a reasonable use of their property. It was also noted that all other setback requirements will be met. airman/otter Tail County BuSrd of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota September 4, 2008 Page 5 /Peter Doll Et. Al. - Approved the variance as requested with a condition. (9:10 p.m.) Peter Doll Et. Al. part of Government Lot 2, Section 15 of Rush Lake Township by Boedigheimer Lake, requested the following: This is a request for a variance of 30' from the ordinary high water level setback of 100’ for the placement of a residential structure (24’ 5” by 26’ 5”) 70’ from the ordinary high water mark of the unnamed creek that winds through the property. The audience was polled with Gordon Rosenthal speaking for the variance as requested. A letter from Peter and Katrina Doll in support of the variance as requested was read for the record. After consideration, Randall Mann made a motion, second by Les Estes and carried with Paul Larson voting no, to approve a variance of 25’ from the ordinary high water level setback of 75’ for the placement of a residential structure (24’ 5” by 26’ 5”) 75’ from the ordinary high water mark of the unnamed creek that winds through the property with the condition, if necessary, this action is subject to the review/approval of the Planning Commission. The practical difficulties/hardships are water on two sides and the unique shape of the property. It was noted that the variance as approved will provide the applicants with a reasonable use of their property. It was also noted that all other setback requirements will be met. Joan Martin Stobie - Approved modified plan submitted September 4, 2008 with a condition. (9:25 p.m.) Joan Martin Stobie, Lot 17 and North Half of Lot 18, K-B Beach and Lot 3 Block 1 Tomlinson Oaks, Little Pine Lake in Corliss Township, requested the following: 1) Change roof line of existing 14’ by 28’ 1 - story. The north portion of home is located 1.5’ from the lot line and 58’ from the ordinary high water level. Requesting a variance of 8.5’ from the required lot line setback of 10’ and a variance of 17' from the required ordinary high water level setback of 75', 2) Remove existing middle section of home and construct a 34' by 45' 2 story addition 64’ from the ordinary high water level. A variance of 1T from the required ordinary high water level setback of 75’, and 3) Change existing 18’ by 26’ 114 - story. South portion of home to a full 2-story located 7.5’ from the lot line and 64' from the ordinary high water level. A variance of 2.5' from the required lot line setback of 10' and a variance of IT from the required ordinary high water level setback of 75'. September 6, 2007 meeting - The audience was not polled as there was no one in attendance at the time of this public hearing. A letter signed by Lois Bossert, Stephen Fox, Kathy Johnson and Steven Bigler in support of the variance as requested was read for the record. During discussion concern was expressed with the exact location of the side lot lines and the need to have additional information regarding the lot line location before acting upon the requested variances. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table this hearing until the October 4, 2007 meeting to provide the applicant with an opportunity to provide additional information regarding the location of the side lot lines. October 4, 2007 meeting - Prior to the meeting the applicant submitted a letter requesting the tabling of her application until the June 2008 meeting of the Board of Adjustment. After consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to acknowledge the applicant's letter, to grant the applicant's request and to table this public hearing until the June 2008 meeting of the Board of Adjustment. November 1, 2007, Decembers, 2007, January 3, 2008, April 3, 2008 and May 1, 2008 meetings - No hearing held as the applicant requested in October 2007 to have their hearing tabled until June 2008. June 5, 2008 meeting -The applicant was not in attendance. After consideration, Michael Harris made a motion, second by Joe Maske and unanimously carried, to deny the variance as requested due to the failure of the applicant to appear at the June 5 meeting and due to the fact the Board has no written permission to table the applicant's application past June of 2008. July 3, 2008 meeting - It was noted that after the June 5, 2008 meeting the secretary of the Board received a letter from the applicant requesting that her hearing be tabled until the August 7, 2008 meeting. August 7, 2008 meeting - Prior to the meeting the applicant contacted, by telephone, the Board secretary to request that her application be tabled until the September 4, 2008 meeting. After consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to table, based upon the applicant's verbal request to the secretary, this hearing until the September 4, 2008 meeting. September 4, 2008 meeting - A letter from Steven J. Fox, an adjacent property owner in support of the applicant's request was noted for the record. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a 13’ by 18' second story addition to that portion of the existing structure identified on the revised drawing dated September 4, 2008 with the condition that the proposed development must be at least 10’ from the side lot line. It was noted that the entire original request had been withdrawn in favor of the revised plan. I s RECSsVED AUG 1 ijooa748S3G LA,\' PERSONAL REPRESENTATIVE'S DEED §524.3-715 Individual Personal Representative to Individual / p,t>No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed )not required Certificate of Real Estate Value No. Office of Countv Recorder County of Otter Tail «Uy Mteofltnwi » Odc. I ( SI' SIS' 4-^ :a-, 19^'^County H«!ert8r Oopuly y Auditor dbBy Deputy ■■V. t-^;livy t|\ ;t li:;! ij; *tii> ytar io: Uie ianas describsd within are paid. STATE DEED TAX DUE HEREON: $39.60 , 1993Dated: August 6 .......County TrGJsmP FOR VALUABLE CONSIDERATION, PATRICK DOLL and DARWYN MIELKEl/ Grantors, as Co-Personal Representatives of the Estate of CLARENCE MIELKE, AKA CAL MIELKE, Decedent, single at the time of death, hereby convey to PETER DOLL AND KATRINA DOLL, as joint tenants, an undivided one-half interest, and to tenants,Otter Tail County, Minnesota, described as follows: GREGORY MADER AND ROSE MADER, as joint an undivided one-half interest Grantees, real property in That part of Government Lot Two (2) , Township One Hundred Range Thirty-Nine (39) Minnesota described as PARCEL G: Section Fifteen Thirty-Five West, follows: (15) , (135) North, Otter Tail County, Commencing at the West quarter section corner of said Section Fifteen (15); thence South 89°42'00" East (Assumed Bearing) along the East-West Quarter Section line of said Section Fifteen (15) a distance of 2147.27 feet to the easterly line of a Dedicated Road in the Plat of MIELKE BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence North 01°29'00" West along said easterly line a distance of 1181.02 feet; thence northwesterly along a tangential curve to the left a distance of 200.00 feet, said curve having a central angle of 15°05'48" and a radius of 759.06 feet, said point being the point of beginning of the parcel of land to be described; thence continuing northwesterly along said curve a distance of 200.00 feet; thence North 57°40'57" East not tangent to the last described curve a distance of 657.70 feet to the East line of said Governitient Lot Two (2); thence South 01°29'00" East along said East line a distance of 465.00 feet to a point distant 1449.25 feet north of the East-West quarter Section line of said Section Fifteen (15); thence South 81°57'07" West a distance of 491.18 feet to the point of beginning, acres. Containing 4.07 PARCEL H; That part of Government Lot Two (2) , Township One Hundred Range Thirty-Nine (39) Minnesota, described as Coitiraencing at the West Quarter Section corner of said Section Fifteen (15); thence South 89°42'00" East (Assumed Bearing) along the East-West Quarter Section line of said Section Fifteen (15) a distance of 2147.27 feet to the easterly line of a Dedicated Road in the plat of MIELKE BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence North 01°29'00" West along said easterly line a distance of 1181.02 feet; thence northwesterly along a tangential curve to the left a distance of 400.00 feet, said curve having a central angle of 30°11'36" and a radius of 759.06 feet, said point being the point of beginning of the parcel of land to be described; thence continuing northwesterly along said curve a distance of 200.00 feet; thence North 30°48'51" East a distance of 265 feet more or less to the shoreline northeasterly along said shoreline a distance of 685 feet more or less to the East line of said Government Lot Two (2); thence South 01°29'00" East along said East line a distance of 414 feet more or less to the intersection with a line that bears North 57°40'57" East from the point of beginning; thence South 57°40'57" West a distance of 657.70 feet to the point of beginning. Containing 4.74 acres more or less. Together with and subject to an easement for ingress and egress purposes, said easement is hereinafter described as Easement A. Section Fifteen Thirty-Five West, follows: (15) , (135) North, Otter Tail County, Boedigheimer Lake;thenceof Easement A; That part of Government Lot Two (2), Section Fifteen (15), Township One Hundred Thirty-Five (135) North, Range Thirty-Nine (39) West, Otter Tail County, Minnesota, which lies northerly of a Dedicated Road in the plat of MIELKE BEACH on file and of record in the office of the 2 «■ County Recorder in and for Otter Tail County, Minnesota, and which lies southerly of the following described line: Commencing at the most southerly corner of the afore described Parcel H; thence northwesterly to northwesterly line of said Parcel H distant 25.00 feet northeasterly from the most westerly corner of said Parcel H; thence northwesterly to a point on the southeasterly line of the afore described Parcel I* distant 60.00 feet northeasterly from the most southerly corner of said Parcel I; thence North 70°51'59" West a distance of 191.66 feet; thence North 84°59'13" West a distance of 155.79 feet to the southwest corner of said Parcel I. For purposes of this description, the southeasterly line of Parcel I has an assumed bearing of North 30°48'51" East. point theaon *For reference only. Parcel I is described as follows: PARCEL I; That part of Government Lot Two (2), Section Fifteen (15), Township One Hundred Thirty-Five (135) North, Range Thirty-Nine (39) West, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter Section corner of said Section Fifteen (15); thence South 89°42'00" East (Assumed Bearing) along the East-West Quarter Section line of said Section Fifteen (15) a distance of 2147.27 feet to the easterly line of a Dedicated Road in the plat of MIELKE BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence North 01°29'00" West along said easterly line a distance of 1181.02 feet; thence northwesterly along a tangential curve to the left a distance of 764.45 feet, said curve having a central angle of 57°42'09" and a radius of 759.06 feet; thence North 59°11'09" West a distance of 204.22 feet to the point of beginning; thence continuing North 59°11'09" West a distance of 15.00 feet; thence northwesterly along a tantential curve to the left a distance of 317.56 feet to the easterly line of Lot One (1), Block One (1) of said MIELKE BEACH: thence North 05°16'23" West along the said easterly line of said Lot One (1) a distance of 348 feet more or less to the shoreline of Boedigheimer Lake; thence southeasterly along said shoreline a distance of 535 feet more or less to its intersection with a line that bears North 30°48'51" East from the point of beginning; thence South 30°48'51" West a distance of 225 feet more or less to the point of beginning. Containing 2.53 acres more or less. Together with and subject to an easement for ingress and egress purposes, said easement is hereinafter described as Easement A. 3 *No part of Parcel I is included in this sale, description is supplied for reference only for use to clarify and ascertain the location of Easement A herein conveyed.* The together with all hereditaments and appurtenances belonging thereto. This deed is delivered pursuant to a purchase agreement dated July 24, 1993,. 2Patrick Doll, Co-Personal Representative of the Estate of Clarence Mielke, aka Cal Mielke, Deceased, Darwyn^ielke, Co-Personal Repres^itative of the Estate of Clarence Mielke, aka Cal Mielke, Deceased. County Of Otter Tail State of Minnesota DEED TAX____$—22- N„ U V ILJ #0’Date. )STATE OF MINNESOTA ) ss. )COUNTY OF OTTER TAIL oregoing instrument was acknowledged before me thisv2 , 1993, by Patrick Doll, as Co-Personal Representative of dayA Theot AlihlihlSi- the E^ate of Clarence Mielke, aka Cal Mielke, Decedent. AlArt lot^ry Public JOYChl L. PErSjE '1 notary PU3LIC-MINNES0TA S i otter tail county ?' My Commission Expires OCT. 3. 195i' j ? J i )STATE OF MINNESOTA ) ss. )COUNTY OF A dayThe foregoing instrument was acknowledged before me this of 1993, by Darwyn Mielke, as Co-Personal Representative of the Estate Clarence Mielke, aka Cal Mielke, Decedent. „ MICHELLE R. WILLS ! I NOTARt WBIIC - MINNESOTA Notajry public Y) < 4 4 1 Tax statements for the real property described in this instrximent should be sent to: ‘■'^^Peter and Katrina Doll Gregory and Rose Mader 6720 20th Avenue South Fargo, ND \ 58104 This instrument was drafted by: PEMBERTON, SORLIE, SEFKOW, RUFER & KERSHNER Law Office Building Fergus Falls, Minnesota 56537 PSSR&K Substitute Form 1099-S (Atty) OJS:dm93207.5/24 5 BUC Accih lAAC.t riEGElVED AUG 1 ^ 2008 lArw' Kbbour.CF / -V: K£7 scai-£ Q s.ecrncJ«- (2-b'<c*' 1>* O U.t\,L O ScPTU-tlVllC ------- eit{sri»i>& ------ PdCf^CS-Eii Sn2ucJrM./2c "beTAlL- , Cfisr> 6Wifi£^SHEUBS- -^^yzLf 8^3z_ . Z5ii CodOleTE; OfiaCArTrtoUSe * IXK$ C/V6l^l RV q<fe \*F^fiS:e.v_Q ^ e>W(yiSHif, rt^'bi'nt>AiAi B»iR:eR. c> lP\PeeV4oos switR:^ c^ucuc^noo: 2o<«?,^f^ , oo7o)c/^^o= 0.9 Pre-Application Site Inspection Request Lake / River No|. Lake / River Name Lake/River Class Section Twp Name SU *T^1?WSH IaVS.-Cttj- A Parcel(s) No.Property (E-911) Address ^53000i50o900OI Rmg- SPieuLCg- i u r Property Owner Information: (y^£ytLAA\Name(s):»2T M_ "bAAlJefct L\ne NJ(>0Address: Daytime Phone: Type of Request: Bluff:Determination ___Verify Setback Verify Setback Stake Setback %/^ DeterminationOHWL:Stake Setback Stringtest: Non-Conforming Repair or Replacement Structure: /op OHCOt^ AteJU-c.^-p>i C/t-erHL ;tp^>^'fio^^Gt^QA^3C Describe Request: to Lo^A7to^3 eiP?^9osti>s snutcjn^^^ ef^siTC Determination Confirm Consistency With Existing Structure Miscellaneous: bi4 fag vJdeaac^tTte^ggFagg-^^ 9-H"08 * . % *Heeeif^., A scale drawing must accompany Pre-Application Site Inspection Reques & request must be staked onsite FhuL /ylt30 AuiLb(Al&. /2 Prg^erty bwner -/)u&u<ir /^. ZOQP\ { Date Lanidl&BSourcelvianagS^eiTstaffO'Z5Received B^r late INSPECTION COMPLETED (Inspection must be done within 10 days of receipt): Jc^OK Date Onsite Date Property O Inspector ti (Inspector must provide site drawing or field notes on other side.) mbowman Application & Forms Pre-Application Site insp Request Form10/1/07 tr \ av<- ^^ilix V ^ /'•»''*^1:H’, .«^\r nJ\ MSk.15^'ammf4 ms//y !' ym^ pJumt axjlUL shchxl^ ih )VUUL&IU ^4^ SMMkJuuu SttUXMJ \fAkiAnWO kJl^HU^ di>iit&'Wtt) ^i^JuhUHO UntP^AUM^ ^ tAcA) '■ ^ il/tOQj iU-C tCryi^cLeAttj ^ {j^MlMVOV to tmMj OAiU gjU^A^}U£j iJuit nm^ />mu^. l/jfj^ } Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Peter Doll Et Al Peter and Katrina Doll Gregory and Rose Mader 5941 Danvers Lane NW Rochester, MN 55901 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, September 4, 2008 at 8:30 p.m., in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as part of Government Lot 2, Property Address - 43205 Blue Spruce Drive Section 15, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-212/TR, Lake Name - Boedigheimer/Tributary, Class - RD/GD The variance requested is - , the following: This js a request for a variance of 30’ from the ordinary high water level setback of 100’ for the placerhent of a residential structure (24’ 5” by 26’ 5”) 70’ from the ordinary high water mark of the unnamed creek that winds through the property. Stein Board of Adjustment Secretary Date: August 14, 2008 .?■ \ fc OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 18th, day of August, 2008 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Peter Doll et al, Peter and Katrina Doll, Gregory and Rose Mader, 5941 Danvers Lane NW, Rochester, MN 55901 Rose Stoll, Twp Clerk of Rush Lake, 38141 430*'^ Ave, Perham, MN 56573 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1^' Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Leslie Estes, PO Box 358, Battle Lake,MN 56515 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: August 18th, 2008 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud , DANIEL T & DEBRA L AMENT 43083 BLUE SPRUCE DR ; - PERHAM MN 56573 9030. PETER DOLL ET AL 156 23RDAVEE WEST FARGO ND 58078 7800 DOUGLAS &; VERONA BETLACH 43718 BOEDIGHEIMER DR N PERHAM MN 56573 9047 RONALD E & JULIE A DOLL ; , -444383'COUNTY HIGHWAY 14 ■;4 PERHAM MN 56573 9022. THOMAS E & MAE lONE LOERZEL 37593 COUNTY HIGHWAY 49 PERHAM MN 56573 9033 TERRANCE E HEPOLA PO BOX 256 PERHAM MN 56573 0256 ROLAND & CHARLOTTE PRICE 43704 BOEDIGHEIMER DR N ■ . ■ PERHAM MN 56573 9047 STATE OF MINNESOTA ATTN TAX SPECIALIST GORDON J & JULIE A ROSENTHAL 47702 281 STAVE, STAPLES MN 56479 4010 ;PO BOX 45 SAINT PAUL MN 55155 4045 t. i