Application 26-000100: 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.

673-0050-00320

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.

Stephanie and David Breiner

Address Line 1: Field is required.

2194 NW 135th Street

Address Line 2:--

City:

Clive

State:

Zip:

50325

Primary Phone: Field is required.

(703)999-3463

Cell Phone:--

Fax:--

Email:stephbreiner@gmail.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:

Stephanie and David Breiner

Address:

2194 NW 135th Street

City:

Clive

State/Province: Field is required.

Zip:

50325

Primary Phone:--

Cell Phone:--

Fax:--

Email:

stephbreiner@gmail.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:8265 East Rose Lake Drive Canyon, MN

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.

Total # of bedrooms on property after project completion.

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

If Yes, please explain:

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.

1. We would like to build a storage shed (12 x 35) to store a pontoon boat, 4-wheelers (4 of them), a golf cart, small trailer, etc. so we can use our garage for our cars-especially in the winter. 2. That would necessitate getting a variance for encroachment off the property line of only 2-3 feet (instead of the 10 feet required). 3. Exceeding the impervious allotment. We asphalted our driveway and boat launch and had a patio put in without being aware of an impervious restrictions. My mom uses a walker and wheelchair and we needed asphalt for her to get to the lake.

Describe the intended/planned use of the property.

This property is used seasonally at the present time. However, we are hoping to retire here permanently in approximately 4 years when David retires. This property has been in our family for more than 40 years. When I bring my mom with me, she uses a walker or wheelchair sometimes which is becoming more frequent and to allow her to get down tot he lake. We need the asphalt. We would like to continue to allow her to enjoy the lake and being by the water and sitting out on the dock as she has for all these decades.

Describe the current use of your property.

Currently, this property is used seasonally as our second home.

Describe other alternatives, if any.

None of these are really something we would like to do, to be honest. - Build a smaller shed - Rip up the asphalt/patio - Meet the property line setbacks

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

Any variance approved would definitely fit in with the neighboring properties-which was also granted a variance previously. The color scheme that would be used would also fit in with the neighborhood/area. The shed would match the house and garage-same colors and same siding.

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

They would not be impacted at all since we would not be changing the use of the property. ** Note: The boat launch was built because there is no public access to our lake. We need it to put in our boat and have level ground for my mom to have access to the dock.

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

We redid the shoreline to help stop erosion. We built around trees in order to try to preserve as many as possible. We are only letting native vegetation grow-no sod. We have lost approximately 12 trees due to storms and many more (approximately 24) due to dying. We will be replacing the trees (as many as possible) once we find out about this variance request. We built the boat launch to help minimize run-off from the patio. Asphalt slopes so runoff goes into vegetation areas; built patio around bunch of birch trees to preserve them, etc.

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

We would be able to retire up here permanently and have enough storage for our outside stuff. Keeping the asphalt will allow us to keep my mom with us for as long as possible. She will sit on the dock and drink coffee and talk to all the people who come by on their boats/paddleboards or swimming. The house was built so that she could stay here as much as possible-her bedroom is on the main floor with shower bars, no stairs to get into the house, wide doors, etc., for wheelchair accessibility.

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

Without the asphalt, my mom would not have access to the lake/dock. Her walker and wheelchair get stuck in the mud/sand. We built this home in 2019 and we didn't asphalt everything until October 2024 when she couldn't walk outside without worrying about falling due to uneven ground. We found out in September 2025 about exceed impervious when I went to find out about building a shed. I am a rule follower by nature. I called the county prior to building our garage in 2017, building the house in 2018, redoing the shoreline in 2021/2022. We found out the septic system was installed on the neighbor's property and we tore it out to put in a new one at our expense. We used licensed/professional companies. None of this was DIY. I asked if I needed to get any permits and was told that none were required.

IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS

Describe your reasons county zoning ordinance requirements were not followed.

We did not know differently. I went to the county when I built the garage, the house, while redoing the shoreline and now that we want to build the shed, I went to the county before building anything so I knew what the rules were. I used licensed/professional people to put in the asphalt/boat launch and patio. I asked them if I needed to get any permits to do these projects and was told "No." No permits were required. We found out about these violations when I went in to inquire about the shed.

Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.

My neighbor thought our propane tank was on his property - I paid for a survey to show that it was not. Unfortunately for us, it was on his property and so was the septic system and generator. I was shocked. The neighbor was unwilling to give us an easement or sell a sliver of property to us, so we paid to have it torn up and moved and a new septic system was installed. I am a rule follower and I had contacted the county prior to doing projects - garage, house, shoreline, shed - to make sure I am following the rules. We hired licensed/professional companies who said we didn't need any permits. This was not a DIY project. As soon as I found out we were in violation, I have been working with each department to try to resolve the issues.

Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.

The first septic system installed in 2018 was $12,000. To take it out and replace it in 2024 was $14,000. Asphalt was installed in October 2024 and was $20,000. The boat launch was $2,000. The patio pavers alone were $4,500. As soon as I was informed of violations, I have been working with each department to resolve the issues. The septic system issues have been resolved as of December 2025. Now working on impervious allotment issues and I am in contact with the department dealing with land alteration issues.

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?

Licensed and insured professional companies. Asphalt - Arrow Asphalt (Cloquet) Patio - True North Excavating (Duluth area)

Was a survey of your property boundaries obtained?

Yes

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.

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