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
660-6000-41215
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
Cynthia Kent
3802 Chambersburg Ave.
Duluth
MN
55811
(218)390-9390
ckent29@charter.net
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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.
Cynthia Kent
3802 Chambersburg Ave.
Duluth
MN
55811
(218)390-9390
ckent29@charter.net
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
7338 NE Birch Isle Rd.
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.4
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:Will include kitchen and bathroom and laundry room.
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.We are requesting to build our replacement cabin 60 feet back from the normal water line instead of 100 feet. Our current cabin is 30 feet back from the normal water line. It is difficult to comply because our lot is not that deep and we need to add a septic system towards the back of our lot. The lot is on a steep slope and if were built 60 feet back, there is a natural space that is flat for the walk out basement so we would not need to disturb the environment in that area.
Describe the intended/planned use of the property.The use would remain as it is - primarily a summer cabin used by me, and my two children and their spouses. With the indoor bathroom, we would be able to visit more easily during the winter. Now we only visit once or twice during that season.
Describe the current use of your property.It is a seasonal cabin. I spend many weekends at the cabin in the summer. Now that I am retired, I have been able to spend some more time during the week. My children and their families visit on weekends when they are able. We visit occasionally in the fall, winter, and spring.
Describe other alternatives, if any.An alternative would be to remodel the current cabin that is 30 feet from the usual water line.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The proposed use with the variance will fit into the character of the neighborhood very well. It will fit in even better than building 100 feet back as that would destroy much of the natural environmental covering of trees so the building is not visible from the road. We will be able to preserve much of the natural habitat as we would be building in a way to take advantage of two flat, open spaces on the property, instead of having to do a lot of earth and tree removal to enable us to have an appropriate building site. We will build congruent with the type of cabins/homes around the lake.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.There should be no impact on neighboring properties. If we are granted the variance, the building will fit in better with the current natural surroundings.
Describe how negative impact to the local environment and landscape will be avoided.The variance will allow us to take advantage of two flat areas on the property and will reduce the need to remove earth and trees both for access to the lake and for space between the cabin and the access road.
Describe the expected benefits of a variance to use of this property.The benefits are to the environment as we will not need to remove as many trees for lake access and at the side of the access road. It will also result in our cabin being 60 feet from the normal water line instead of the current 30 feet.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.I currently have a seasonal cabin that is about 60 years old and does not have an indoor toilet. It is located 30 feet from the usual water line. After discussions with a designer and a contractor, I have decided that it is a better alternative to replace the cabin instead of remodeling the current structure. Our outhouse is up a steep flight of stairs. As I get older and am at the cabin by myself, it will be safer to have an indoor bathroom. Because of the depth of the lot and to fit the new septic system in and the lesser impact to the environment, I am requesting the variance to build the cabin 60 feet back to fit in with the natural landscape of the lot instead of the usual 100 feet. I respectfully request this variance and am very appreciative of your consideration.
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.
I have read and agree to the statement above.
