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
300-6000-39330
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
Ursalyn Fena and Jerome Bakke
2562 Eskeli Rd
Makinen
MN
55763-8018
(218)591-1033
Jerome Bakke or Ursalyn Fena
(218)591-1031
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Ursalyn Fena and Jerome Bakke
2562 Eskeli Rd
Makinen
MN
55763-8018
(218)591-1033
lynnfena@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2562 Eskeli Rd.
Makinen, MN 55763-8018
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.2
Does this project include plumbing or pressurized water in proposed structure?No
If Yes, please explain:--
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.We are applying for a height variance after-the-face for a 30' x 38' home of which 13 ft. are located within the shore impact zone on Whiteface Reservoir. The difficulty came about after we started a re-roofing project, decided to add dormers as we got into it, and failed to get a building permit at the outset, then learned we needed more than a permit-we needed a variance. Subsequently, we previously applied for an after-the-fact variance in October 2016. That request was voted down. A significant change to our setback occurred in 2019 when we improved our shoreline with a DNR permit to restore significant soil erosion. When we previously applied for an ATF variance in 2016, our setback from the OHW mark was 28 ft. With the restoration of eroded soil and rip-rap, we are currently 37 feet back from the OHW line. Our roof is 24.5 ft high in the front of the home which is 4.5 ft over the limit within the shoreline impact zone. The back of the house is not within the shore impact zone. Only 13 ft of the structure is within the shoreline impact zone.
Describe the intended/planned use of the property.Residential lake home
Describe the current use of your property.Residential lake home
Describe other alternatives, if any.Move the house back 13 feet.
Tear the roof off.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?Our home is one of about 20 cabins, 3 of which are known to be year-round residences, along a peninsula on the NW shore of Whiteface. Some of these were originally built within what is now considered the shoreline impact zone and all were leased from MN Power. The house is 30' x 38' and similar in size to others along this shore. Care has been taken to preserve large white pines which shade and screen the house.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.No impacts are noted.
Describe how negative impact to the local environment and landscape will be avoided.No 100-year old trees will be cut; new rip-rap will prevent further erosion; water from roof is directed away from the lake; deck will be redesigned to comply with regulations.
Describe the expected benefits of a variance to use of this property.House remodel can be completed and home maintained; trees and embankment remain stable; it will be affordable for the owners to continue residing on the property; house footprint remains the same; foundation will not be disturbed and no digging to reroute septic or plumbing; home will become more compliant.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We are regretful that we did not obtain a building permit in a timely fashion and subsequently address the need for a variance at the outset of the project. We hope to mitigate some of the concerns about remaining in the shore impact zone by strengthening the shoreline against future erosion and degradation, and by adding more distance between the house and the lake. Our shoreline restoration project went out as far as the DNR permitted.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.We moved to Whiteface before our house here was ready for 4-season living. A series of unforseen problems (the well failed, we needed to install underground plumbing unexpectedly; the cabin roof was leaking in several places; Lynn's mother endured many health care problems and died by the end of our second year living here). We just found ourselves facing many constraints and not able to keep up with managing things very well. The roof project was crucial to our remaining in the home.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.As soon as Jerry remembered we needed a permit in August 2016, he went to the county office in Duluth to apply. We did not know until then that we needed a variance for the height of the roof that was being installed. We made mistakes in measuring and understanding the requirements of shoreline impact zones. We submitted an application as soon as possible and went before the Board of Adjustment on October 13, 2016.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.The front of the roof where leakage had been the worst was repaired in 2015. We purchased additional trusses for the remainder of the roof project and they were on site. They created a steeper pitch, to keep snow from backing up. Also materials were purchased and labor hired, steel roof was planned. After it was determined that the roofing would be steel, a decision to build the dormer was made. Workers had completed about 75% of project, windows were on site and remained to be installed. With the approval of the county planner, the windows, doors, and siding were applied to prevent weather damage and keep the house livable.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?Makinen Construction (roof) and Kirsch Construction (windows and insulation)
Was a survey of your property boundaries obtained?No
Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?No
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.
