Application 26-000880: 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.

Kollin and Janice

Middle Name:--

Last Name: Field is required.

Schade

Address Line 1: Field is required.

7790 S Deer Creek Rd

Address Line 2:--

City:

Cottonwood Heights

State/Province: Field is required.

Postal Code: Field is required.

84121

Business Phone: Field is required.

Mobile Phone:218-591-1261

Home Phone:--

Fax:--

Email Address: Field is recommended.

jkschade24@msn.com

Preferred Contact Method: Field is required.

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

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.

660-0025-00370

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.

Kollin and Janice Schade

Address Line 1: Field is required.

7790 S Deer Creek Rd

Address Line 2:--

City:

Cottonwood Heights

State:

Zip:

84121

Primary Phone: Field is required.

(218)591-1261

Cell Phone:218-591-1261

Fax:--

Email:jkschade24@msn.com

Contact Person Name: Field is recommended.

Jeffrey Schade

Contact Person Phone: Field is recommended.

(218)213-4906

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:

Janice Schade

Address:

7990 S Deer Creek Rd

City:

Cottonwood Heights

State/Province: Field is required.

Zip:

84121

Primary Phone:--

Cell Phone:--

Fax:--

Email:

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:5102 W Birch Isle Rd Duluth, MN 55803

Is this leased property?No

Leased From?--

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.

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:

Two bathrooms and kitchen.

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.

Propose moving existing seasonal cabin BACK 46 feet and placing at 75 feet from shore (OHW). Current cabin is 30 feet from OHW. The variance requested is relief from the 100-foot shoreline setback to allow placement of the replacement family cabin 75 feet from the lake. Strict compliance is difficult because the area farther landward slopes down and contains the existing septic leach field, and disturbing that system and surrounding soils would create unnecessary environmental and health risks. Moving the cabin farther back would also push construction closer to an existing power easement and require greater site disruption. By contrast, locating the new cabin at 75 feet allows the project to use the existing driveway corridor, minimizes grading and excavation, preserves mature trees, and keeps development more consistent with the established pattern on this bay, where nearly all nearby cabins are already located substantially closer to the shoreline than 100 feet. This request is therefore driven by the unique physical conditions of the property and by a desire to reduce environmental disturbance, not by convenience alone. New structure will be 72 x 30 and 21 feet high, which is compliant with the zoning ordinance, so no variance needed on the physical structure.

Describe the intended/planned use of the property.

The property is intended to remain a family vacation property for seasonal residential use, consistent with its long-standing use. Our plan is to remove the aging existing cabin and three older accessory structures—the sauna, tool shed, and outhouse—and replace them with a single new cabin located farther back from the lake than the current cabin. The new placement at approximately 75 feet improves the existing condition by increasing the shoreline setback from roughly 30 feet today while continuing a reasonable residential use of the property.

Describe the current use of your property.

The property is currently used as a seasonal family cabin since we purchased the lease in 2003. It includes the existing cabin and several older accessory structures, along with customary lake-related improvements such as docks and a pontoon lift. Summer use only- original cabin sits on a non-insulated slab with a sand point well, with no heat or insulation.

Describe other alternatives, if any.

Alternatives were considered, including: 1. Keep existing non-conforming structure "as is" at 30 feet off OHW. Attempting remodel to mitigate the rot and damp issues would be a significant hardship since the structure is original 100% log construction, sitting on top of an uninsulated 3-4 inch concrete slab. We have an old septic tank which requires pumping. 2. Build structure that meets the 100-foot setback. That option would require disturbing the existing septic leach field area, increasing excavation, soil disruption, and potential environmental impacts. It would also push the project closer to the existing power easement (concerns about health risks for young grandchildren) and force the the new septic very close to the home and require removal of numerous mature trees (including hardwood maples and tall pines that the eagles love) and additional site work and soil replacement. The proposed 75-foot location is the most reasonable option because it improves the current setback, reduces site disturbance, and preserves important natural features of the property.

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

A new cabin at 75 feet would fit exceptionally well into the character of the neighborhood. There are MANY new homes on the lake-mostly between 30-40 feet (according to google maps). The original log structure is a bit of an eyesore, and removing the sauna, tool shed and original cabin will "clean up" the property and enhance the beauty and environmental impact from the lake.

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

Both adjacent neighbors "heartily approve" this variance and support NOT digging up the existing leach field or digging next to power easement, which carries risk as well.

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

Discussing with neighbors and road association membership, we have not identified any negative anticipated impacts on neighboring properties or their use and enjoyment. The replacement cabin will remain a single-family seasonal residence, which is the same type of use already present on the property and throughout the surrounding area. Because the new cabin will be located farther back from the lake than the existing cabin, it should be less visible from the water and should not interfere with neighboring views. Traffic, noise, and overall use intensity are not expected to increase beyond the normal use of a family cabin property.

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

If approved, the expected benefits are many. This is a bay with established family cabins, and the replacement cabin would continue that same residential, family feel. We recently voted to NOT allow short term rentals for similar reasons. The requested 75-foot setback significantly EXCEEDS the established development pattern in the immediate area, where most neighboring structures are already averaging 40 feet., substantially closer to the lake than the 100-foot standard. The project therefore maintains the essential character of the locality while improving the current site condition.

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

This request is not to intensify the use of the property, but to replace outdated structures in a way that is more orderly, safer, and less disruptive to the site. The requested setback still represents a meaningful improvement over the existing cabin location, lessening environmental impact while respecting the property’s physical limitations and the established character of the bay. Granting the variance would allow a reasonable use of the property, address unique site constraints not created by the applicant, and avoid adverse impacts to neighboring properties or the local environment. One last note is that the property slopes away from the lake after the existing driveway (at the proposed 75 feet). Unless we haul in a SIGNIFICANT amount of fill, we would not have a view of the lake from a new cabin, which is such an enjoyable feature and why we purchased it for our family originally. Approval would also leave room for a potential future garage at 100 feet setback right off the existing driveway without interfering with the septic.

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:Kollin and Janice Schade

Address:7790 S Deer Creek Rd

City:Cottonwood Heights

State:UT

Postal Code:84121

Email Address:jkschade24@msn.com

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