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
530-0010-00361
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
Contractor
CalZion Construction
2524 W. Maple Grove Rd.
Duluth
MN
55811
(218)269-2838
buerskind@wausauhomes.com
Dan Buerskin
(218)269-2838
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
CalZion Construction
2524 W. Maple Grove Rd.
Duluth
MN
55811
(218)269-2838
buerskind@wausauhomes.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
6246 Hwy 194
Saginaw, MN 55779
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?No
Is this project adding a bedroom?
Include home, garage, and accessory dwelling.Yes
Total # of bedrooms on property after project completion.3
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:New home construction
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 After the Fact 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.The Misiewicz home was mistakenly built inside the 50' setback required by the zoning required for their acreage. We assumed the side yard setback to be 25' after measuring the neighbors house and from building multiple projects being 25 ft. The front corner of the garage is 50' off the property line but the house angles back to the west line and is well within the 50' setback lines. Also while under construction of the home we added a detached garage permit and poured a slab for a garage. There were what appeared to be adequate property pins and markers but after it was discovered that the setbacks were 50' and not 25', we had ALTA Survey locate everything on the site for us to see where everything was exactly and realized that the pins and markers were off slightly as well causing the garage to be slightly into the setback as well. See attached survey.
Describe the intended/planned use of the property.Single family home.
Describe the current use of your property.Single family home.
Describe other alternatives, if any.None
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?Proposed use will remain the same as a single family home. Neighboring home is set back 25' from property line as well. I'm told from the neighbor they got a variance to be 25' off the line.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The house is set back about 180 plus feet from the neighboring home and is at the same setback as the neighbor as well. The proposed garage is closer to the neighboring house and is about 70' set back from their home.
Describe how negative impact to the local environment and landscape will be avoided.No impact to the environment is expected.
Describe the expected benefits of a variance to use of this property.To have a legally conforming property.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.CalZion Construction (Dan Buerskin, owner) am trying to correct a mistake on our part to allow the placement of the home to be built in the setbacks. The garage is not fully completed yet and is just a concrete slab at this point and as you can see from the survey is into the setback approx 5' in one corner.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.The contractor assumed the setbacks were 25' instead of 50'. When asked by the owners to angle the house to save a large tree on the east side, we moved the house into the setback on the west. After obtaining a survey, we learned that the property pins and markers were slightly off making the detached garage, which has a setback of 25', into the setback as well.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We obtained all of the proper septic and land use permits and did what we thought was right in staying with setbacks and proposed build guidelines. Once we learned we made a mistake, we stopped any further construction of the garage.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.We built the entire home and poured a slab for the detached garage.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?CalZion Construction LLC
Was a survey of your property boundaries obtained?Yes
Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?Yes
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.
