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.
May
Yang-Her
309 143rd ave nw
Andover
MN
55304
6122065870
yangm247@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
405-0010-04090
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
May Yang-Her
309 143rd ave nw
Andover
MN
55304
6122065870
May Yang-Her
--
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
May Yang-Her
309 143rd ave nw
Andover
MN
55304
yangm247@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
8614 Kelsey Whiteface Road, Kelsey, MN 55724
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.1
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:Kitchen sink, bathroom sink, toilet, and shower
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 requesting a variance from the St. Louis County ordinance limiting impervious surface coverage to 2% of the parcel in the SMU-3a zoning district. Our parcel is 7.72 acres, allowing 6,726 sq ft of impervious coverage. However, existing and proposed improvements exceed this amount.
The existing driveway—constructed and used by the previous owner for logging—measures approximately 14 ft wide by 1,315 ft long, totaling 18,410 sq ft. It was in place when we purchased the property in 2024 and is the only viable access to the buildable, high-ground portion of the lot. Due to wetlands and topography, relocating the driveway is not feasible.
We also propose the following structures in upland areas:
• Park model RV: 10.5' x 37' = 389 sq ft
• Deck: 10' x 50' and 10' x 13' = 630 sq ft
• Gravel parking pad: 30' x 100' = 3,000 sq ft
• Movable sauna: 7' x 12' = 84 sq ft
Total existing and proposed impervious coverage: 22,513 sq ft
This exceeds the allowed 6,726 sq ft, necessitating a variance.
This request is driven by site limitations and pre-existing conditions we did not create. Our proposed improvements are for low-impact, seasonal residential use with no wetland disturbance. We’ve already installed a compliant septic system and well in preparation for future development. Granting this variance would allow us to responsibly use and enjoy our property while preserving the surrounding landscape.
Describe the intended/planned use of the property.The property will be used as a seasonal recreational retreat and vacation home for our family. We plan to place a park model RV and a small sauna on high ground, supported by previously installed septic, well, and upcoming electric service. All development is low-impact and intended for personal enjoyment while preserving the rural and natural character of the land. We also wish to retain flexibility for possible future full-time use.
Describe the current use of your property.The property is currently not in use. Since acquiring it in September 2024, we have installed a permitted 1500/500 septic system, drilled a deep well, added gravel for a parking pad and park model pad, and cleared a corridor for electrical service to be brought in. We’ve also removed significant debris and logging piles left by the previous owner. These steps were taken to prepare the site for seasonal use, with all improvements placed outside mapped wetland and river setback areas.
Describe other alternatives, if any.There are no feasible alternatives for access or structure placement. The existing driveway—constructed by prior owners without County involvement—is the only practical route to reach the buildable high ground. Due to the river setback and wetland areas, relocating or altering the access would likely result in greater environmental impact. We are actively working with the County to address the driveway's existing wetland impacts and bring the property into compliance.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The proposed use fits well within the character of the surrounding area, which includes seasonal cabins, rural residential use, and recreational parcels. Our improvements are modest in scale and visually unobtrusive. Our intent is to maintain the land’s quiet, natural setting while using it in a responsible and compliant way.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.There will be no adverse impacts to neighboring properties. The structures are setback well from all property lines, and the parcel is over 7 acres in size. Our use is seasonal, quiet, and in keeping with the area. No additional development will be done beyond the currently proposed improvements.
Describe how negative impact to the local environment and landscape will be avoided.All structures are located on high ground, away from mapped wetland and shoreline buffers. We are not expanding the existing driveway, which was already in place at the time of purchase. We have hired a certified wetland consultant who has completed a wetland delineation and is preparing a replacement/mitigation plan for the impacted area, to be submitted to the County by the end of July. We are committed to restoring and preserving the natural features of the land as part of this process.
Describe the expected benefits of a variance to use of this property.Granting the variance will allow responsible, seasonal use of the property that honors the zoning intent while addressing existing nonconformities we inherited. It avoids the need for further disturbance and allows us to follow a clear path toward compliance. It also allows us to use our property in a reasonable and productive way, consistent with others in the area.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We purchased this property in good faith in September 2024, unaware that the driveway—long visible on aerial imagery—had not been permitted or reviewed by the County, or that it may have impacted wetlands. These issues were not disclosed by the seller or seller’s agent. Upon learning of them during the permit process, we hired a certified wetland consultant and have worked cooperatively with the County to understand and address all concerns. We are committed to compliance and to using the land responsibly and respectfully. We hope the Board will consider the context of our request and the substantial efforts we've made as new property owners.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.Not responding to a permit violation
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.Not responding to a permit violation
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.Not responding to a permit violation
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?JBN installed septic tanks, Petersen Drilling installed deep well and True North Excavating cleared electrical path and brough in gravel
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?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.
May Yang-Her
yangm247@gmail.com
I have read and agree to the statement above.
