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
465-0051-00040
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
Richard Jopp and Chrissie McKinnon
1009 Orchard Ct SW
Rochester
MN
55902
(507)990-0908
joppster67@gmail.com
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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.
Richard Jopp and Chrissie McKinnon
1009 Orchard Ct SW
Rochester
MN
55902
(507)990-0908
joppster67@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
1956 W Shagawa Rd
Ely 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.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 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.I would like to build a 24x24 garage next to a newly built cabin. The cabin received a variance for construction to occur less than 75 feet from the lakeshore and I would like to build a garage approximately 60 feet from the lakeshore as well.
The difficulty in complying with existing ordinance is that an area has already been cleared and graded on the top of a small ridge running through the property from north to south. This was cleared before we purchased the cabin and this space is less than 75 feet from the shoreline. If we use the space already available to build, the front corner of the garage would be approximately 60 feet from the lakeshore. If we were to comply, then a larger area of our lot would need to be cleared, filled, and graded in order to build.
Describe the intended/planned use of the property.The property is a year-round cabin. It will be our retirement home when the time comes. The garage will be used for cars, a boat and miscellaneous outdoor storage.
Describe the current use of your property.Vacation home.
Describe other alternatives, if any.The alternative to receiving the variance is that we would have to clea, fill, and grade an additional 15-25 feet of land away from the lakeshore in order to build a garage. The existing cleared area is located on a ridge running through the property and if we had to comply with existing ordinance we would have to bring up to the level of the land substantially between the ridge and the road to create a level area for the garage to be built.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?It would be similar to all the other cabins/homes along W Shagawa Road that have single family dwellings along with garages.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.No impact on neighboring properties. Our lot is wooded and the proposef location of the garage would not be visible to the neighbor on our north.
Describe how negative impact to the local environment and landscape will be avoided.We would like tp place the garage on an area that had already been cleared during home construction in the summer of 2016. This location would eliminate the need to remove many trees, and it would not need extensive excavation or have fill brought in to build - however this area is less than 75 feet from the lakeshore - hence the need for a variance.
Describe the expected benefits of a variance to use of this property.Our biggest personal benefit is enclosed storage of personal property. We would not store items outside that others may consider an eyesore. It would also be a benefit to minimize the disturbance to the ground on our small 2/3 acre lot, and to leave as much of the vegetation intact for wiildlife.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.Our biggest desire in getting a variance is to be able to build a garage on sa flat, already cleared part of our lot that was used for staging while the cabin was being built during the summer of 2016. If we had to build 75 feet from the shoreline, we would have to disturb more of the ground and remove more trees while still being left with a cleared, gravel covered part of our lot. We would rather leave as much of our lot as natural as possible.
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.
I have read and agree to the statement above.
