ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT
Government Services Center
Government Services Center
320 West 2nd Street, Suite 301
201 South 3rd Avenue West
Duluth, MN 55802
Virginia, MN 55792
(218) 471-7103
(218) 471-7103
VARIANCE REQUEST PERMIT APPLICATION
Your Contact Information.
If the information is not correct, you may need to update your contact information using the 'Maintain Contact Information' option once you have filled out this application.
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General - This application is used to apply for a Land Use Permit. Applicants will need to attach the appropriate worksheet(s) in order to process. Incomplete applications will be returned. Note that the 'clock' does not begin until after payment has been processed for the application. For more information, see our website at:
www.stlouiscountymn.gov/BuildingStructures
365-6000-01910
Is this application being submitted for a Rehearing?
If this application is being submitted because a previous Variance Permit application was denied or disapproved, please select Yes.
No
Enter Applicant Information
Landowner
Charles & Callie Brammeier
6996 Bear Island Rd
Duluth
MN
55803
(316)209-3883
chas.brammeier@gmail.com
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Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Charles & Callie Brammeier
6996 Bear Island Rd
Duluth
MN
55803
chas.brammeier@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
6996 Bear Island Rd
Yes
US Forest Service
US Forest Service
MN DNR, Area Hydrologist
MN DNR, Area Hydrologist
MN DNR Land and Minerals
MN DNR Land and Minerals
St. Louis County - Duluth
St. Louis County - Duluth
Government Services Center
320 West 2nd Street, Suite 301
St. Louis County - Virginia
St. Louis County - Virginia
Do you have written authorization from the leased property owner?
If Yes, you must attach written authorization form.
How is the property accessed?
Enter Project Information.
If you answered 'Yes' to any of the questions below, it is required that you submit a copy of a septic permit to construct or certificate of compliance approval or municipal/sanitary district approval when applying for a land use permit.
Is this project on a parcel less than 2.5 acres?Yes
Is this project within 300 feet of a stream/river or 1,000 feet of a lake?Yes
Is this project adding a bedroom?
Include home, garage, and accessory dwelling.No
Total # of bedrooms on property after project completion.1
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:If approved the project would include pressurized water and plumbing connected to an existing septic system
Is this project connected to a municipal or sanitary district system?No
VARIANCE REQUEST WORKSHEET
A variance allows the use of property in a manner otherwise forbidden by a zoning ordinance by varying one or more of the performance standards such as lot size, setbacks, etc.
Variances from official zoning controls are defined under Minnesota Statutes 394.27 and require the landowner to prove that the property could not otherwise be used or enjoyed in the proposed way by complying with ordinance requirements and that there will be no negative impact on surrounding properties.
It is advisable that you discuss your request with Planning and Community Development staff prior to submitting the application. Approval or denial of your request is dependent on the justification you provide in answering the questions on this application. For more information, please check our website at: www.stlouiscountymn.gov/VarianceRequired
VARIANCE REQUEST INFORMATION
Complete this form along with the Land Use Permit Application
What kind of variance request is this?
If this is a Variance After the Fact, you must answer additional questions below.
Variance Request
Describe what you are varying from and the situation that makes it difficult to comply with county ordinances.
If your proposal includes a structure, please also list the length, width and height of the structure.Ordinances restrict residential lots to one Principle Dwelling and one Accessory Dwelling (limited to 700 square feet in the case of a shoreland lot greater than one acre). The lot in question has a new 3000 ± square foot house being built in accordance with a bluff- line variance issued in February 2022. The lot also contains a 760 square foot log cabin, built in 1960, that was modified in 1982 with seasonal indoor plumbing and a septic system. Although in practical terms it is a summer guest house and close to the definition of an Accessory Dwelling, according to County ordinances it is also a Principle Dwelling. The Land Use Permit issued in February states that no other structures on the property shall contain living spaces, which in effect requires the cabin to be turned into an Accessory Structure by eliminating the septic system. The owner seeks to keep the cabin septic system/indoor plumbing as is, by requesting a variance to the ordinance prohibiting two Principal Dwellings on a lot.
Describe the intended/planned use of the property.To continue using the existing cabin as summer guest lodging with indoor plumbing.
Describe the current use of your property.The cabin was used as summer family lodging with indoor plumbing between 1982 and 1998 (between 1960 and 1982 it had no indoor plumbing). Since 1998 the cabin has been used as summer guest lodging.
Describe other alternatives, if any.(1) The cabin could theoretically be modified to 700 square feet to make it compliant with the definition of an Accessory Dwelling, but this would be cost prohibitive and adversely affect the esthetic value. Also, it is unclear whether an Accessory Dwelling can be permitted under any circumstances in shoreline setback and bluff-line setback zones.
(2) Since the cabin plumbing is seasonal only (never used during for the cold half of the calendar), it is, practically speaking an
Accessory Structure for half the year. A variance mandating that the plumbing never be upgraded to four-season capability would ensure the cabin's use does not go beyond the stated "summer guest lodging."
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?(1) The cabin has been considered an icon of the neighborhood for many years. Most properties in the neighborhood include a guest house/bunk house - the cabin in question here is arguably the most picturesque.
(2) The intent of the ordinance limiting lots to one "Principal Dwelling" and one "Accessory Dwelling" is to prevent crowding in residential areas and preserve their character. Granting this variance will not degrade the character. Granting the will not degrade of the surrounding neighborhood, as the structure has been in use for many years as summer guest lodging, and no change to that utihzat1on will occur m the future.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.There will be no change in impact to neighboring properties.
Describe how negative impact to the local environment and landscape will be avoided.The septic system as originally installed was undersized for the number of bedrooms on the property. A new septic system designed for 3 bedrooms is to be installed on the property to support the new house now under construction. The cabin will have only one bedroom going forward, bringing the existing cabin septic system into compliance.
Describe the expected benefits of a variance to use of this property.(1) The cabin would retain the value attached to it when the owner purchased the property in 2021.
(2) Lack of permission to use the structure as guest lodging would result in its probable degradation into an eye sore, if not by the current owner, then certainly subsequent owners.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.The cabin is located within the 100-foot shoreline setback and 30-foot bluff setback zones. Because it was constructed in 1960, before these ordinances existed, it is grandfathered. Regarding the bluff setback in particular, inspection of the site indicates no current erosion of the bluff (it is heavily forested below the cabin). Forcing the cabin into the category of "Accessory Structure" by destroying its septic system would not improve the condition of the bluff or make future erosion of the bluff less likely
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.--
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.--
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.--
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?--
Was a survey of your property boundaries obtained?--
Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?--
By submitting this application, I certify and agree that I am the owner or the authorized agent of the owner of the above property, and that all uses will conform to the provisions of St. Louis County. I further certify and agree that I will comply with all conditions imposed in connection with the approval of the application. Applicants may be required to submit additional property descriptions, property surveys, site plans, building plans, and other information before the application is accepted or approved. Intentional or unintentional falsification of this application or any attachments thereto will make the application, any approval of the application and any result invalid. I authorize St. Louis County staff to inspect the property to review the application and for compliance inspections. Furthermore, by submitting this application, I release St. Louis County and its employees from any and all liability and claims for damages to person or property in any manner or form that may arise from the approval of the application or any related plans, the issuance of any resulting permit or the subsequent location, construction, alteration, repair, extension, operation or maintenance of the subject matter of the application.
If your name, contact information or email address have changed, you should update your contact information in the portal by selecting 'Maintain Contact Information' at the top of this page.
I have read and agree to the statement above.
