Application 23-000156: 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.

GERALD

Middle Name:H

Last Name: Field is required.

JOHNSEN

Address Line 1: Field is required.

2821 32nd Avenue NE

Address Line 2:--

City:

St Anthony

State/Province: Field is required.

Postal Code: Field is required.

55418

Business Phone: Field is required.

7639234913

Mobile Phone:7639234913

Home Phone:--

Fax:--

Email Address: Field is recommended.

Gerryjen@gmail.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.

387-0271-00030

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.

GERALD H JOHNSEN

Address Line 1: Field is required.

2821 32nd Avenue NE

Address Line 2:--

City:

St Anthony

State:

Zip:

55418

Primary Phone: Field is required.

7639234913

Cell Phone:7639234913

Fax:--

Email:Gerryjen@gmail.com

Contact Person Name: Field is recommended.

GERALD H JOHNSEN

Contact Person Phone: Field is recommended.

(763)923-4913

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:

GERALD JOHNSEN

Address:

2821 32nd Avenue NE

City:

St Anthony

State/Province: Field is required.

Zip:

55418

Primary Phone:(763)923-4913

Cell Phone:7639234913

Fax:--

Email:

Gerryjen@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:4663 Moccasin Point Road Tower MN 55790

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:

Cabin will have 2 baths and a 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.

Requesting to build a modest 2nd cabin: 1 story, slab on grade, 2 bedroom 2 bath with a foundation size of 900 Square feet. When we purchased the property on October 2014 there was an existing, 1950's era Moccasin Point resort cabin: 1 story, 468 Sq ft, pier foundation, 1 bedroom, 3 season, with 15' water setback. My wife and I have many happy memories of family summer vacations in this type of resort cabin, and as it was the last remaining Moccasin Point resort cabin, we decided to carefully update it adding a 3/4 bath while maintaining its original appearance. We had incorrectly assumed this would not impact future cabin development thinking the existing cabin would be designated the accessory dwelling or a Water Oriented Accessory Structure [boathouse].

Describe the intended/planned use of the property.

We’re both 63 years old and have recently retired. We plan to use the new cabin intermittently year round to enjoy the Lake Vermilion area. The existing cabin is not suitable for winter nor extended stays due to its small size, open foundation and lack of insulation, however it would continue to be used by family and friends while they visit us at the lake.

Describe the current use of your property.

Currently we use the existing cabin for short visits to Lake Vermilion area but it is crowded with the family sharing the small space and winter visits need to be carefully planned to coincide with above zero temperatures as its difficult to maintain inside temperature more then 50 degrees over the outside temperature. The water is off November through April as its impractical to continuously heat the existing cabin. We currently have no water orientated accessory structure [boathouse] on the property. The existing old resort cabin meets most of the boathouse physical requirements: 15’ setback, < 520 sq ft total, < 20' width parallel to shoreline, although the cabin height to peak of roof is ~15'-16’ not 14' (8’ wall, 3’ roof, 4" pier foundation height along shoreline). Therefore, if this variance is approved we would be amendable to agree to not construct any Water Oriented Accessory Structure [boathouse] while the existing old resort cabin remains in place and continues to be used for human habitation.

Describe other alternatives, if any.

We have a building permit, 22-000265, for an accessory dwelling and plans for a cabin with 700 Sq ft first floor plus a 700 sq ft basement compiling with accessory dwelling requirements - 700 sq ft foundation & max 20’ height. Given our age and potential future difficulties traversing entrance and basement staircases we would prefer an accessible single story slab on grade design. After reviewing multiple design options we’ve found it impractical to fit 2 bedrooms and 2 baths along with kitchen and family rooms within 700 sq ft, hence our variance request to expand the foundation size to a maximum of 900 sq ft.

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

This approach will preserve the historic Moccasin Point Resort look and feel along the north shoreline from the undeveloped north side of the DNR boat landing property westward across our property thru the former resort beach area. The new building site is developed in both alternatives but the slightly larger 900 sq ft slab foundation minimizes impact to the land and reduces the building height enhancing the ability to screen the building from the lake with existing trees and vegetation. Of course we plan to use moderate earth tones on the cabin exterior to maintain the natural look that attracts a significant number of anglers to this particular shoreline. Even with the variance the total developed cabin size will be 468 + 900 = 1368 sq ft which I would expect is well below average for Lake Vermilion lots over 1 acre in size.

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

Our closest neighbor to the northeast is the DNR Boat landing at Moccasin Point, this proposal maintains current land use while providing good screening from the lake of the new cabin development. We also anticipate the DNR will eventually develop the boat landing site to include a fence and/or other vegetative screening to further buffer boat landing activities from our residential lot. As such I expect no impact to the boat landing by this variance. Our neighbors to the southeast are 3 lots that were subdivided from the Moccasin Point resort. The nearest is currently undeveloped and used as lake access parking and dockage for remote non-road access cabins. Further down the shoreline the lake lots are in various states of development as lake homes. Given significant distance from the proposed development and considerable trees and vegetative buffering I expect no significant impact of this development.

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

The proposed building site is on the northeast half of our property maximizing the distance and vegetative buffer toward the undeveloped and residential adjacent lots. We will make every effort to preserve this buffer to continue being good neighbors.

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

This development will increase the property tax basis for St Louis County and bring the property in alignment with neighboring residential lot development. It will also enable us to spend more time and discretionary dollars in the Lake Vermilion area.

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

I would like to clarify, the Property details report for 387-0271-00030 lists the existing (old cabin) as having 2 Bedrooms when in fact there is only 1 bedroom. I contacted the assessor’s office on 2/27/2023 to have this updated. Finally this 2nd cabin development is for the enjoyment of our family and friends. We have no plans to do any rentals of either of our cabins.

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:GERALD H JOHNSEN

Address:2821 32nd Avenue NE

City:St Anthony

State:MN

Postal Code:55418

Email Address:Gerryjen@gmail.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