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
370-0010-01116
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.
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Enter Applicant Information
Landowner
Puffin Property LLC
2935 North Oxford Street
Arlington
VA
22207
(202)624-2865
jstuart@crowell.com
James R. Stewart
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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.
Puffin Property LLC
2935 North Oxford Street
Arlington
VA
22207
jstuart@crowell.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
8091 McCarthy Beach Road
Side Lake, MN
No
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?No
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.Yes
Total # of bedrooms on property after project completion.4
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:The cabin will have bathrooms, running water (from a well) and a 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.We request a variance from the 75 foot setback from Sturgeon Lake and an adjacent pond. We believe our current cabin occupies the only viable location for a new cabin. Our property creates a setback challenge because the only locations with a view of Sturgeon Lake are located on the ridgeback of a hill that is sandwiched between Sturgeon Lake and the pond. Our current cabin is 55 feet from the lake and 76 feet from the pond. It is not possible to build a new cabin that would be 75 feet from both shorelines and retain a view of Sturgeon Lake. If we move southwest, the cabin would become even closer to both shorelines. If we move northeast, the hill becomes a bluff; the setback distance increased, and the cabin would drop below the ridgeback. If we move west to create a 75 foot setback from the lake, the cabin would drop below the hill ridgeback and become much closer to the pond. We also request a variance from the 25 foot height limit. Specifically, we seek permission for a height of 27.5 feet on the lake side of the cabin and 33.5 feet on the pond side. Because we propose to move 6 feet back from the lake than current, more of the cabin will be on a downward slope, which will cause the pond side of the cabin to have a much greater height. If allowed to use the requested heights, we can have a useable walkout basement, which in turn allows us to have a smaller cabin footprint and greatly reduce tree removal and landscape disruption. The additional height will not harm or be noticed by others. Our land is highly secluded. The pond side is not visible to anyone, and the lake side view is heavily screened by trees.
Describe the intended/planned use of the property.We would continue to use the property as a seasonal, recreational cabin. Puffin Property LLC is owned by the three adult children of James R. Stuart, Jr., who died several years ago. The property has been in our family since 1941, and we are seeking to build a new cabin, because the current cabin is in substantial decline, outdated and is too small to accommodate more than a few members of our families at the same time.
Describe the current use of your property.The property is currently used as seasonal, recreational cabin.
Describe other alternatives, if any.We do not see any viable alternatives without losing the essential feature of our property - being on Sturgeon Lake. As shown on the attached drawings, the 75 foot setback "building envelope" is very narrow in areas that overlook the lake (less than 5 or 10 feet wide in most places) and is on a hill. To mitigate setback and height concerns, we propose to build the new cabin 6 feet further back from the lake side edge of the crown of the hill. This will make the cabin even less visible from the lake (our lot is well-wooded and the new cabin will be heavily screened from boaters on the lake). As a result, the new cabin would be closer to the pond than our current cabin. The pond, however, is completed secluded. There are no cabins or other structures on the pond, and the pond cannot be accessed by boaters (without portaging).
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?We believe the new cabin would be completely in keeping with the cabins and homes currently around Sturgeon Lake, but will continue to have far less of a "presence" than most other cabins and homes on the lake. The new cabin will be largely invisible to our neighbors and boaters on Sturgeon Lake. Our nearest neighbor to the southwest is more than 637 feet away (and in Itasca County) and cannot see our cabin location. Our neighbor to the northeast is more than 224 feet away, and will have only a heavily-screened view of our cabin due to the distance and heavy woods. There are no neighbors to the northwest. Our cabin site is approximately 750 feet from the road and is not visible from the road.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.Because the two neighboring properties are so far away (650 feet to the southwest and 224 feet to the northeast), we do not believe our proposed new cabin with the requested variances will have any impact on the neighboring properties or their use.
Describe how negative impact to the local environment and landscape will be avoided.By proposing to build the new cabin in the same location as our current cabin, we will substantially reduce disruption to the landscape and local environment. If we were to move to any other location on our property, we would have to take down many trees and substantially regrade the landscape to accommodate the new cabin and create a new driveway. By using the site of our current cabin and building usable living space in the basement, very few trees will need to be removed and our current driveway will continue to be utilized. In addition, we will utilize a silt fence around the building area during construction and, of course, will follow all other St. Louis County building requirements related to avoiding negative impact on the local environment and landscape.
Describe the expected benefits of a variance to use of this property.It will enable us to have a new, larger cabin that retains a view of Sturgeon Lake, preserves the very secluded nature of our current cabin (both for ourselves and our neighbors), and minimizes disruption to the landscape by reducing its footprint by including usable basement living space.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We have attached to this application a 3-page exhibit with survey drawings of our property. The first page shows the location of our existing cabin. The second page shows a larger portion of our property. The third page shows the proposed location for the new cabin as well as the planned location for a new septic system (we have already received a construction permit for the new septic system). The third page also includes all of the information specified for the site sketch form.
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.
