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.
cheryl
fosdick
CF design-LUMstudio 310 E Superior St Ste 125
Duluth
MN
55802
2183430983
cheryl@cfdesignltd.com
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
317-0170-00150
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.
No
Enter Applicant Information
Landowner
lori and tim stevenson
6170 Garland Ln N.
plymouth
minnesota
55446
(612)310-8211
tim.stevenson1@gmail.com
cheryl fosdick
(218)343-0983
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
lori and tim stevenson
6170 Garland Ln N.
plymouth
minnesota
55446
(612)310-8211
tim.stevenson1@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
1334 trygg rd.
ely, mn. 55731
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?No
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.4
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:major remodeling of an existsing structure including bathroom and kitchen relocations. Well and septic
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 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.existing cabin with wrap-around elevated deck is 55' from OHWM, so...at a non-compliant setback- With the exception of an attached garage, the entirestructure is within the 100' shoreline setback for recreational development lake Eagles Nest Lake. Our project proposes to remove 970.1 SF of existing elevateddeck and 4-season porch structure - the majority of which is at a 55-58' lake setback....and add a new 4-season porch structure of 322 sf, at a 70' setback and anew entry deck with a 15 x 17 (255 SF) columnated (no sides) outdoor covered seating area for a total new deck size (covered and non-covered) = 431 SF. Lakesetback for the deck and covered seating element proposed is 82'-2" TOTAL for all proposed addition/ replacement structure/ decking is 753 SF. ...217 sf less thanexisting. This project is a part of a complete remodeling, interior and exterior--of the existing building. which reqires no additional variances.
Describe the intended/planned use of the property.the property is a 4-season second home - multi-generational. Year round. It currently has a main cabin at a non-compliant setback to the lake, a compliant guest cabin, (whose prior non-compliant side yard setback has been legally rectified through a property line alteration and property exchange with neighbors), and a larger garage structure at the entry to the property. A THEORETICAL property division is proposed and shown on the drawings, which meets all setback and acreage requirements for both theoretical properties. If this variance is approved for the remodeling of the main cabin, which includes the conversion of the existing attached garage to living space, and the replacement of the family room of equal size and function-- all with an increased lake setback and reduced overall SF, a THEORETICAL property division proposed will allow for compliant setbacks from property lines for the Main cabin to continue...and the addition of a compliant <700 sf garage ( land use application submitted and approval pending), to be erected that will easily serve the parking needs of the main cabin, once remodeled.
Describe the current use of your property.the property is a four-season second home - multi-generational. Year round. No change of use. Although not visually obvious or disclosed to the current owner, the prior owner had- many years ago- received permission for a "One Allowable Addition" to the main cabin, of an attached garage and dining room. Current Owner purchased with the intent of remodeling and improving the current main cabin and did not know about the"1-time addition" ordinance for structures with a non-compliant lake setback. There are many things that needed repair and upgrading and so--with great attention to IMPROVING the existing roofing and drainage, total square footage coverage, and increasing the lake setback by removing or relocating some portions of the structure, owner is applying for a Land Use Variance, in the spirit of responsible lakeshore occupancy and stewardship.
Describe other alternatives, if any.The current 4-season porch, built back in 1985 is in disrepair and has been water-damaged beyond remodeling. It is a primary family gathering space in the project and needs to be functionally present in the project for reasonable use . The current attached 4-season porch is built to the same 55' setback as the main structure and, together with the main structure's roof, sheds considerable water from a second story height, causing some erosion and water dropping to an at-grade patio below. In an effort to maintain the general view, but increase the lakeshore setback, we are proposing to rebuild the porch farther back from the lake, and remodel the interior of the main structure to move access to that new proposed porch that will be set back from the OHWM 70' . The resulting exposed soils lakeside of the proposed porch and around the lakeside foundation corner of themain structure can have plantings added to decrease the scale of the structures and increase the pervious condition of land adjacent to a lower level at-grade patio. Through interior remodeling, we have eliminated the need for a wrap-around elevated deck,which we will remove-- and find we can consolidate all decking at a remodeled entry and arrival area in excess of 80' setback from the lake, some of which will become patio and covered sitting area at-grade. all existing elevated deck superstructure will be eliminated. Removing the decking from the lakeside brings the whole project to an approx 58.5' setback (vs the original 55'). Relocating decking to one location located at an 82'- 2" set back fromthe OHWM places decking as far back from the waters edge as can be practically used to access the main structure....and keeps decking and seating structure almost AT grade.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?this is a very large property that will continue to have a more traditional roof form and, from the lake, the closest facade to the water will be shorter length than existing, with increased plantings in place of a former porch facade. No significant change of character is expected. The new overall roof height will increase by approx 4' due to increases in roof slope to avoid deep snow drifting and promote controlled runoff perpendicular to the lake (vs parallel and from great height). No occupancy above the existing main floor level will occur, with the slight increase in roof max height.
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 to the neighboring properties. a private access for trailered boats to the lake that is used communally by several families (but located onmy clients land) will continue to be fully accessable.
Describe how negative impact to the local environment and landscape will be avoided.We are improving the environmental conditions: 1/ increasing the built structure setbacks from the lake. 2/ increasing the amount of pervious surface between 55'and 70' setback from the lake. 3/ through a remodeling and roof change (within permittable height increases), we are redirecting 2-story water off roofs closest toand parallel to the lake.... to guttered runoff perpendicular to the lake, led to grade dispersal between 70' and 82' setback from the lake, (rather thn 2-storyfreefall at 55'). 4/ through interior remodeling, we are eliminating an attached garage in favor of living space. The compacted soils related to garage access and parking will be re-landscaped to include natural forest floor, trees and other plantings, as part of a new and engaging, more" Natural" entry space both inside and outside thehome. 5/ we are reducing the amount of buillt structure by 217 sf. 6/ With an approved variance for a new, smaller, specific deck build, we can better integrate 2 outside use areas and the arrival to the house, at 2 different grade levels ..with a single low slope pathway compatible with existing slopes, reducing existing sitewalkways and pathways around the house.
Describe the expected benefits of a variance to use of this property.Because space will be created for graded soils fill when the variance to allow the porch rebuild is approved... and relocation will allow less obstructed use of thelower lakeside level of the project at grade by providing some sloped green and patio space adjacent to and along the side of the existing foundation.Eliminating the wrap around elevated decking takes away a visual obstruction through every main floor window associated with the wrap-around porch..approval of our entry deck and sitting structure allows the elimination of these elevated decks, increases the lake setback slightly, and allows the interior remodel to proceed without a need for the elevated decks used to link interior spaces by exterior means today. The variance to allow all of the new decking (all decking , in fact) at the entry area and covered sitting area allows for the establishment of a whole new area of active use that is ALMOST at-grade (given the lower land slopes on this side of the building), which is setback 27' farther than it currently exists with the elevated decks and current porch. Interior remodeling puts this location close to the kitchen area and makes it possible to link the proposed entry deck/ patio area and the lower lakeside patio area with a low slope on-grade walkway with little to no alteration ofexisting topography. Currently access to the lake AND the lower patio is primarily on the opposite side of the building from the entry area, on steep sloped land that is accessed by walking THROUGH the porch structure or directly out of the basement. The functional relocation of arrival deck/ patio and covered seating structure links users more directly betweeen 2 active outdoor spaces at both house floor levels....and removes complex circulation from the proposed porch location altogether.---cleaner, more practical circulation- less disrupted landscape, as viewed from the lake.!
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.In general, we are removing 2 of the most offending setback structures from the project: several elevated decks and a 4-season porch structure built at the current 55' setback, which is in disrepair. As the project will be thoroughly re-imagined inside and outside, the goal is to better steward the immediate landscape, create a more comprehensive and easily understood link between usable outside patios and the entry to the project....and do so with less resulting SF structural coverage than currently exists. Further the water management of the project, with a pending roof change will slow down runoff and bring it to the side of the main structure and across tiled sub-grade, vs dropping runoff water from great height to a lower level patio surface and steep grade heading down towards the lake, as is currently thecase. Further, a significant portion of roof runoff drops right into the entry - currently an inside corner with a roof valley---while the variance doesn't direct these water management issues and changes directly, the results from the roofing changes as part of this proposed remodeling will be incorporated into a very occupiable outside space set as far back from the lake as it can be and still be associated with the access to the existing house.- Granting the variance for the porch addition at a 70' setback and for near-grade decking associated with an entry arrival area and 15 x 17 columnated covered seating area (no walls) at the entry area, all with a setback of 82'-2"...will allow for the incorporation of a more pervious landscape/soils where building and decking currently resides. A pattern of site use that is clear, simple and easily directed across low slopes replaces a complex and winding pathway on a steep hillside....the whole project interior and exterior will depend upon one another- holistically--...not the case at this time.
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?
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.
cheryl fosdick
CF design-LUMstudio 310 E Superior St Ste 125
cheryl@cfdesignltd.com
I have read and agree to the statement above.
