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
725-0020-00030
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
Landowner
Steven and Anne Badanjak
715 5th Avenue South
Virginia
MN
55792
(218)741-7164
annebadanjak@hibbing.edu
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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.
Steven and Anne Badanjak
715 5th Avenue South
Virginia
MN
55792
annebadanjak@hibbing.edu
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
9849 Dickenson Lane
Britt, 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.3
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:Kitchen and bathrooms
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.Varying from St. Louis County Board of Adjustment decision dated 2-14-06: Original variance allowed for sideline setback of ten (10) feet from boundary of Lot 3 (Badanjak), Corey's Beach, Township 60, Range 19, Section 14, located on Lake 14 (Crescent) in St. Louis County, Minnesota, common to Lot 2 (Luke) of same plat.
Current situation: Structure is located six feet four inches (6'4") from side property line of Lot 3 (Badanjak) as per July 2017 Benchmark Engineering, Inc. survey of Lot 2 (Luke), Corey's Beach plat. Therefore, location of structure violates 10 foot variance granted by the Board of Adjustment.
Difficult to comply: The proposed structure presented to the BOA on 2-14-06 would not meet county ordinances due to the fact that the size and location of the structure would not match physical size of the lot, thus creating an ordinance problem. Therefore, the board approved a 10 foot setback to accommodate the proposed construction.
Describe the intended/planned use of the property.Personal residence with attached garage.
Describe the current use of your property.Personal residence with attached garage.
Describe other alternatives, if any.Not feasible:
1. Move existing structure approximately three feet eight inches (3'8") or more from current location and away from boundary common to Lots 2 and 3 in order to comply with the ten (10) foot variance granted by St. Louis County Board of Adjustment on 2-14-06.
2. Modify size of current structure, via reconstruction, in order to comply with ten (10) foot variance granted by St. Louis County Board of Adjustment on 2-14-06.
Feasible:
1. St. Louis County Board of Adjustment approve a six feet four inch (6'4") setback from side property line of Lot 3 (Badanjak).
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?No change in character of neighborhood.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.No impact on surrounding properties by agreement of the Badanjaks and Lukes. However, septic and well requirements will require additional variances granted by the appropriate agency.
Describe how negative impact to the local environment and landscape will be avoided.Not known at this time.
Describe the expected benefits of a variance to use of this property.A new variance will relieve landholders of Lot 3 (Badanjak) from violation of ten (10) foot setback variance granted by St. Louis County Board of Adjustment on 2-14-06. This will avoid having to reconstruct or move the existing structure. Furthermore, it will avoid further litigation between the Lukes and Badanjaks due to a boundary line dispute that arose after the original variance was granted.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.In the Badanjaks' original application for variance from the setback requirement, the Lukes' joined request under the belief that the existing boundary lines between the Lukes and Badanjaks was the true and correct boundary line that had been in place since the original play was created for Corey's Beach. Subsequent to the St. Louis County Board of Adjustment's approval of the variance, a boundary line dispute arose between the Badanjaks and the Lukes. To wit, the parties to that litigation have agreed to the 2011 survey completed by Wayne Spragg.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.Property was not surveyed by a registered land surveyor in conjunction with new construction in 2006, nor did St. Louis County require property survey prior to construction. An old fence, the purpose, origin was used to extrapolate and define a two hundred ten (210) foot property line between Lots 2 and 3, thus creating the setback violation that exists today. No legal survey was commissioned at time of Lot 3 construction (not a county requirement) to validate that such extrapolated boundary was accurate.
It was not until a 2011 pre-construction survey of Lot 2 (Luke) by the Lukes revealed a different legal property line common to Lots 2 and 3 than had been used by the parties previously. A subsequent after-construction survey was conducted in 2017 by the Lukes that the parties have agreed created a violation of the structure side setback variance that exists today on Lot 3 (Badanjak).
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.The land use permit application was completed in the original request on 12-29-05 upon information and belief by both parties as to the actual placement of the boundary line. The boundary line had been set by practical location since 1942 and the placement of a fence separating the two parcels.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.The Badanjaks completed the full construction of their residential home with attached garage, placement of outbuildings, and installation of substantial landscape and gardening structures (garden beds, underground piping for watering, etc.). The gardens and piping were completed in 1995 and without objection by the Lukes since that time.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?Dave Duncan Construction built the home, and the homeowners have repaired/maintained the property since the time of the new construction.
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.
I have read and agree to the statement above.
