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.
--
--
--
--
--
--
--
--
--
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
387-0185-00016
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
Landowner
Kathleen A. Meyerle Revocable Trust
607 9th Ave SW
Rochester
MN
55902
(507)254-9955
--
--
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Kathleen A. Meyerle Revocable Trust
607 9th Ave SW
Rochester
MN
55902
kmeyerle@mayo.edu
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
1013 Glenmoire Drive
Tower, MN 55790
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.0
Does this project include plumbing or pressurized water in proposed structure?No
If Yes, please explain:--
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.In 2004, my husband & I purchased parcel 387-0185-00016. Unbeknownst to us, the seller did not comply with then existing St. Louis Ordinance 33 (Subdivision Reg), Article 1, Section 4.03 to create a parcel without platting. Ordinance 33 has since been replaced by Ordinance 60 and our application for a permit to construct a garage was denied because the parcel was improperly divided. Seller divided a roughly 5-acre parcel into two (2) smaller parcels. The purchaser of the other parcel (387-0185-00015) applied for and was granted a variance in order to install a sewage treatment system. (Case 5837, approved August 16, 2011). Since the code violation occurred before we owned the property the only option for us to make a full use of the property is to obtain a Variance After-the Fact.
Describe the intended/planned use of the property.The use of the property will not change. It will continue to be used year-round as a vacation cabin for our family. There is a dock and lift for our boat; an approximately 1600 square cabin constructed in the 1960's and expanded in the mid-1980's and a small shed. The variance is needed to obtain a permit to construct a garage on the property.
Describe the current use of your property.The property is used as a vacation cabin for our family, as it has been used by the prior owner since the 1960's.
Describe other alternatives, if any.There are no alternatives.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?If approved, the variance will no result in any changes to the character of the area or adjacent properties. These properties are also used as vacation properties by the owners. The garage to be constructed will be built in the only open area remaining on the heavily wooded space on the lot not restricted by lakeshore setbacks. (See the enclosed site map)
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.There will be no impact on neighboring properties The use of the property remains unchanged. The garage to be constructed will conform with zoning regulations.
Describe how negative impact to the local environment and landscape will be avoided.No steps need to be taken to avoid negative impact on the local environment or landscape. We chose to site the garage in the area that required the least removal of trees (almost all balsam and poplar). We preserved the white pines on the site. Soil will cover the boulders and create a flat surface for construction of the garage. The garage will conform to existing zoning regulations and will be the color of the garage on the west neighbor's lot located across the driveway from our site (green roof and brown siding).
Describe the expected benefits of a variance to use of this property.The benefit of the variance will be to allow our family to fully enjoy the property. The 50-plus year old deck will need replacing in the next few years. Without the variance we cannot obtain the permits to build the garage or replace the deck.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.No additional comments
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.As described in statement 1, we inherited and error made by the seller of the property.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We attempt to obtain a permit to construct a garage. This application is made to correct the past error and allow us and any future owners to obtain the necessary permits for future additions or repairs.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.The most substantial investment was our purchase of the property. During the last 13 years we installed a new septic (Permit #15356, Issued 3/25/2005) and made a new driveway since the previous driveway provided access to the east neighboring parcel(387-0185-00015) and not ours. We also installed an 8 feet by 10 feet shed; replaced the furnace and installed central air conditioning, repaired deteriorating boards on the dock and replaced the boat lift, some windows and 3 doors in the cabin.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?The driveway and septic were completed in August 2005 by Holmes Excavating. The windows and doors were replaced in October 2010 by Greg Nelson Construction. The shed was build in August 2011 by Duluth Shed. The furnace and air conditioner were installed by Malmstrom Heating & A/C in Sept. 2015. The dock repair and boat lift occurred in July 2016 by Wright Docks.
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?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.
