Application 22-000096: Record Inquiry

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Planning and Zoning: Land Use

Inquiry Results

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT

Duluth

Virginia

Government Services Center

320 West 2nd Street, Suite 301

201 South 3rd Avenue West

Duluth, MN 55802

Virginia, MN 55792

(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.

First Name: Field is required.

Middle Name:--

Last Name: Field is required.

Address Line 1: Field is required.

Address Line 2:--

City:

State/Province: Field is required.

Postal Code: Field is required.

Business Phone: Field is required.

Mobile Phone:--

Home Phone:--

Fax:--

Email Address: Field is recommended.

Preferred Contact Method: Field is required.

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

Enter the Primary PIN and Associated PIN (if applicable) of the property to be reviewed.
PIN is found on your Property Tax Statement. For example, 123-1234-12345. Primary PIN: Parcel where Structure/SSTS are located. Associated PIN: Additional and/or adjacent property that you own or that is related to the project.
County Land Explorer: https://www.stlouiscountymn.gov/explorer
Property Lookup: http://apps.stlouiscountymn.gov/auditor/parcelInfo2005Iframe

Primary PIN Field is required.

365-6000-42910

Associated PINs

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.

Enter Applicant Information

I am a:

Landowner

Applicant Name: Field is required.

Todd C. and Laura L. Rothe

Address Line 1: Field is required.

5108 Larson Lane

Address Line 2:--

City:

Duluth

State:

Zip:

55803

Primary Phone: Field is required.

(218)428-6919

Cell Phone:--

Fax:--

Email:trothe@jrjensen.com

Contact Person Name: Field is recommended.

Contact Person Phone: Field is recommended.

Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.

Same as Applicant address?Yes

Name:

Todd C. and Laura L. Rothe

Address:

5108 Larson Lane

City:

Duluth

State/Province: Field is required.

Zip:

55803

Primary Phone:(218)428-6919

Cell Phone:--

Fax:--

Email:

trothe@jrjensen.com

Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.

Is there a site address for this property? Field is required.

Yes

Site Address:5114 Larson Ln Duluth, MN 55803

Is this leased property?Yes

Leased From?MN Power

US Forest Service

Superior National Forest

8901 Grand Avenue Place

Duluth, MN 55808

MN Power

Shore Land Traditions

30 West Superior Street

Duluth, MN 55802

MN DNR, Area Hydrologist

7979 Highway 37

Eveleth, MN 55734

MN DNR Land and Minerals

1201 East Highway 2

Grand Rapids, MN 55744

St. Louis County - Duluth

Government Services Center

320 West 2nd Street, Suite 301

Duluth, MN 55802

(218) 725-5000

St. Louis County - Virginia

Land and Minerals

7820 Highway 135

Virginia, MN 55792

(218) 749-7103

Do you have written authorization from the leased property owner?
If Yes, you must attach written authorization form.

Yes

How is the property accessed?

Public Road

Private Road

Easement

Water

Other

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.

Does this project include plumbing or pressurized water in proposed structure?

Yes

If Yes, please explain:

none

Is this project connected to a municipal or sanitary district system?

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.

Request is for an increased building height of 35 ft. Zoning staff assert that the height limit for any building on this property is 25 ft. I disagree, and assert that the ordinance allows a building height of 35 ft on this property, as the proposed building is not a "nonconforming structure" as that term is defined in the ordinance and by Minnesota law. I am requesting this variance to avoid and resolve this dispute concerning what the ordinance requires. In other words, if this variance is granted, the dispute will be moot. The hardship is that, considering the topography of this lot, together with the setback ordinance already granted, the property cannot be put to reasonable use as a single family residence with a height restriction of 25 ft.

Describe the intended/planned use of the property.

We intend to build an attractive year-round home on the property. We have spent two years planning, looking into many alternatives, and this variance is needed for the "best solution," maintaining character of the area; minimizing the impacts to the adjacent properties; and minimizing alteration of the slopes toward the lake.

Describe the current use of your property.

Vacant land.

Describe other alternatives, if any.

Constructing a home meeting the asserted 25 feet height restriction, which will necessitate a flat roof considering the topography of the lot.

If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?

The basic home will nestle into the existing hillside with a walkout basement, allowing for a very natural fit into the site without extensive earthwork alteration.

Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.

Neighboring property values will be enhanced if the variance is approved and the proposed improvements are made. Further, it will be more attractive from the lake and better than the alternative - a flat roof, or filling in the hill to get rid of the basement walk-out access feature.

Describe how negative impact to the local environment and landscape will be avoided.

The proposed home has been carefully designed to minimize impacts and blend into the landscape aesthetically. An earthwork plan will be developed and include all best management practices for stormwater runoff during construction. Existing improvements to our current property have demonstrated compliance with these practices and have preserved an old growth pine and enhanced natural wooded areas. Many replacement trees and natural landscaping has been done.

Describe the expected benefits of a variance to use of this property.

Improvements that are done right for the property lead to increased property values, which benefit the neighbors, township, and overall community. Careful planning yields environmental benefits to the property and lake.

Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.

The site is complicated and numerous alternatives have been considered. When I applied for the setback variance, based on the preliminary plans and specifications I had at the time, I was not aware that the home, as built, would exceed 27 feet in height, which is why I put the word "varies" on my application. I simply was not aware the height of the building was an issue.

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?

Start Date--

End Date--

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.

Submitted By:--

Address:--

City:--

State:--

Postal Code:--

Email Address:--

I have read and agree to the statement above.

I agree

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ST. LOUIS COUNTY, MNPLANNING AND ZONING DEPARTMENT

VARIANCE REQUEST PERMIT APPLICATION

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT