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.
Matt
Foehrenbacher
5400 mount normandale curve
bloomington
MN
55437
320-260-5712
320-260-5712
foehrenbacher@gmail.com
Any
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
365-6000-01920
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
Matt Foehrenbacher
5400 mount normandale curve
bloomington
MN
55437
320-260-5712
foehrenbacher@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.
Matt Foehrenbacher
5400 mount normandale curve
bloomington
MN
55437
foehrenbacher@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
6992 Bear Island Road
Duluth, MN 55803
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.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:current seasonal cabin already has plumbing with an associated well on the property.
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.Our current 672 square foot seasonal cabin lies within the 25-50’ setback zone on Island Lake Reservoir. We would like to convert this for year round use but we’ve been advised by our architect, Heather Hiner, that this will require a variance involving changing from the current post and beam foundation to a more conventional basement foundation within the current setback zone as there is no reasonable way to move mechanicals inside this relatively small structure and achieve appropriate insulation otherwise.
Currently, mechanicals are in an exterior bump-out attached to the cabin and there is an external blower as a seasonal heat and cooling source. The proposed plan is to put a basement under the existing cabin so that mechanicals including water heater/pump/well hook-up and a more robust year-round heating system/furnace could be brought inside and the structure could be adequately insulated. There is not room in the current cabin for this.
Complying with county ordinances would involve relocating the cabin further from the lake then adding a basement. Unfortunately, there is not a reasonable way to move the cabin to a different part of the lot further from the lake as it is built on a wooded hill and at best, moving the current structure further from the lake would involve heavy deforestation of the lot uphill from the current cabin followed by an expensive and potentially ineffective transfer of the cabin up the hill with a crane or other extreme means.
Describe the intended/planned use of the property.We would like to be able to use this cabin year-round recreationally, while working remotely and potentially use it as a year round primary residence down the line.
Describe the current use of your property.My wife and three young boys and I currently use the property as a seasonal cabin for fishing/swimming/boating.
Describe other alternatives, if any.If not granted this variance, in order to meet our intended use we have been told that we would likely need to tear down the cabin and build new further from the lake. We would like to avoid tearing down our cabin, which was built in the 1940s!
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?We envision keeping this a low-slung structure that is in essence built into the hill and not obtrusive to the waterfront or our neighbors. We have consulted with a local excavator who advised us that we should be able to dig down about 7 feet based on the water table for the addition of a basement foundation without significantly changing the above-ground profile of our current cabin which is already up to 2 feet above ground level due to being built on posts.
The current cabin sits on a private part of the lot without clear sight lines to the adjacent properties. We anticipate the exterior will be an earth-toned color that fits well with the natural environment of the area.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.See #5 above. Any other potential building sites on the lot would be more intrusive and visible to the neighbors than the current site which is quite private. This plan should not negatively impact neighboring properties at all.
Describe how negative impact to the local environment and landscape will be avoided.We pride ourselves on being environmentally minded and protecting our watersheds. This addition should not negatively impact the environment or lake as the roofline will still slope away from the lake, avoiding a complete tear down should be less “messy” and certainly conserve more raw materials than an addition and setbacks will not be reduced. Also, one reason we are requesting this variance is to avoid the deforestation that would be required to move our cabin further away from the water to meet setback requirements for a change in foundation type. My expectation for any builder involved in the project is to keep a clean building site and not contaminate the water or natural environment around our cabin.
Describe the expected benefits of a variance to use of this property.Granting this variance (change in foundation type) will allow us to use this property year round, potentially as a primary residence in the future, work permitting.
From a personal standpoint, I have ties to northern MN as my mother’s family is from Hibbing and I’ve been a lifelong fisherman, paddler, skier etc and want my boys to grow up spending time in all seasons here. I would certainly consider relocating full time at some point.
From the standpoint of the county and neighborhood, we’ve already developed relationships with neighbors and care about community.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.Our only variance request is to change from a post and beam foundation to a basement type foundation which will allow for year round use and movement of mechanicals inside to the basement level without relocating the structure further from the lake. All other setback/height/square footage restrictions for an addition in the 25-50’ setback zone will be followed.
Thanks for your consideration,
Matt and Sarah Foehrenbacher
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.
Matt Foehrenbacher
5400 mount normandale curve
foehrenbacher@gmail.com
I have read and agree to the statement above.
