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
502-0042-00110
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
TJS Construction, LLC
717 Creek Side Circle
Duluth
MN
55811
(218)591-4580
tedstocke@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.
TJS Construction, LLC
717 Creek Side Circle
Duluth
MN
55811
tedstocke@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
9108 West Branch Road
Duluth, MN
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?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?Yes
If Yes, please explain:2 bathrooms - kitchen
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 varying from re-building the structure with the existing walls to newly built walls. The difficulty arose from the condition of the existing walls. As we began the demolition process of the roof structure and the various additions, it became apparent that the walls were rotted, crumbling, and full of mold.
Describe the intended/planned use of the property.The intended immediate use is for a 2nd home, cabin. Ultimately, the use will be as the primary residence for the property owners in their retirement.
Describe the current use of your property.The current use was as a cabin/ 2nd home
Describe other alternatives, if any.Given the condition of the structural integrity of the existing walls, there was no alternative but to re-build.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The cabin/ retirement home, where it is situated on the property, fits exactly in-line with all of the adjacent and surrounding structures; cabins and homes all set back from the waterfront at the same
distance.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The neighboring properties , and their uses, will not be affected by this variance. With the variance, all structures maintain the same distance from the shoreline. Without the variance, the neighboring
properties would have a new dwelling facing their line of site out of their back windows. Further, without the variance, this would be the only structure not in-line with all of the other homes along this stretch of lakeshore. The view from the passers-by on the lake would also be dis-harmonious with this misalignment. The integrity and flow of the sight line, as you pass by, would be interrupted and broken.
Describe how negative impact to the local environment and landscape will be avoided.By allowing this variance and keeping the structure where it is currently located, far less excavation and disturbance of the landscape will occur. To move the structure back, would necessitate the removal of a dense stand of pines that also run the length of the entire
lake. There would be a rectangular cut-out of this line of forest that would adversely affect the visual integrity of not just the adjacent neighbors, but from the entire lake.
Describe the expected benefits of a variance to use of this property.The benefits of this variance include all of the points mentioned above; avoiding the removal and disruption of the unbroken line of forest directly behind all of the structures along this shoreline, keeping a continuous and harmonious set-back of all of the structures along this stretch of shoreline, and minimizing/ avoiding additional disruption to the existing landscape to the property.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.The intent of this remodel was to use the existing walls. We did not begin any work until the permit was issued. Once we began the demolition, we discovered how bad the structural components were. Part of the scope of the project included minimizing the footprint of the structure by removing three bump-out additions, a dilapidated deck on the lake side and one on the front, as well as the removal of the roof. The walls of the main structure were so bad that, as demolition began, the walls began to crumble and fall apart. It was at this point that we decided to rebuild the walls, rather than attempting to build on them.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.The walls were not discovered to be at a total loss until we
began our demolition.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We began our efforts with the removal of the additions, decks, and roof structure. When the condition of the walls of the main structure became evident, we made the decision to rebuild the walls. We thought that, given the condition of these structural elements to the home, we were still within the intent and parameters of the permit.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.A substantial portion of the construction has been completed; all framing, insulating, drywall, wiring, plumbing, HVAC, and more. The project is nearly complete with just the deck, plumbing & electrical fixtures, flooring, and cabinets to be installed.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?TJS Construction, LLC License # BC669785
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.
