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.
Patrick
Sims
2933 Bay Street
Wayzata
MN
55391
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612-916-2150
simspatrick108@gmail.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
420-0010-01750
420-0010-01760
420-0010-01770
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
Patrick David Sims
2933 Bay Street
Wayzata
MN
55391
(612)916-2150
simspatrick108@gmail.com
Patrick Sims
(612)916-2150
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Patrick David Sims
2933 Bay Street
Wayzata
MN
55391
simspatrick108@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
1997 Hwy 83, Forbes, Mn 55738
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.1
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.Variance from Ordinance 62, River Classification SLC Remote (St Louis River) setback of 200'. We purchased the property in October 2017 and the cabin was placed/constructed in 2008 at the current location under the 200' required setback. The cabin is placed on a concrete slab and masonry foundation walls (above grade). Equipment required to move the cabin would not be able to access the property, in order to move the cabin, it would need to be disassembled log by log and reconstructed, which is not feasible from a cost perspective or, and more importantly, the cabin would never be taken down log by log and expected to go back together without the logs being damaged, or not fitting properly. The existing cabin is L-shaped, it is 30'x20' on the longest dimensions for a total of 477 sf. Maximum height is 17'-8".
Describe the intended/planned use of the property.The intended / planned use of the property and cabin is seasonal recreational for vacationing, hunting and just simply enjoying being at the cabin. Only our family will use the cabin, which includes 5 family members and friends for an occasional BBQ, etc. We will never develop the property for multiple family, housing, commercial, etc, it will always remain prestine.
Describe the current use of your property.The use of the property is for vacationing, hunting and just simply enjoying being at the cabin. The cabin will be used 1 - 2 times per month year round.
Describe other alternatives, if any.We do not see any alternatives.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The cabin is a log cabin, which fits northern Minnesota and is brown in color, an earth tone color that fits in the area from a visual perspective. The cabin can not be seen from the road, nor do we have neighbors within sight of the cabin. The cabin is small, very quaint and fits the site very well.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.Neighboring properties or the use of neighboring properties will not be impacted by the location of the cabin. The cabin can not see from Hwy 83, nor do we have neighbors within sight of the cabin. The closest is a seasonal cabin and that is roughly 1 mile to the east from our cabin.
Describe how negative impact to the local environment and landscape will be avoided.The cabin as a structure itself does not have a negative impact to the local environment. Any negative impact to the environment comes from people that do not care about the environment or just simply do not understand how to be environmentally friendly. One of the biggest reasons we purchased this cabin and property was because of it's remote, rustic location and the prestine environment. With that, we are committed to preserving the environment and ensuring that we do not have any negative impact to the environment. Some ways we will do this is: never add a running water system/piping or septic to the cabin, water usage will be limited to bringing water to the cabin for each visit, collecting any grey water and discharging a minimum of 300' from the river, using environmentally friendly soaps, usage of a containment container for storage of gas, oils, etc to ensure, if there is a spillage it does contact the ground, but is contained and evaporates, just name a few that we have implemented or will this year.
Describe the expected benefits of a variance to use of this property.A benefit of the cabin remaining at it's current location is to enjoy the view of the river from the cabin. Our family has enjoyed watching the river, various animals that use the river, and we would not have that opportunity if the cabin was back further from the river. One of the main reasons we bought the property was because of the view of the river, we wanted a water view, without being on a busy lake. In addition, we are in communications with the County to purchase the sliver of land between our property and the river, which would be a benefit to the County because it would provide tax dollars on a otherwise unusable property. If the cabin is relocated, we would not pursue purchasing that property.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We are 100% committed to a no negative impact on the environment for our property. This is accomplished not by the locations of structures, but how the land is used and enjoyed. We are planning to add wood duck houses, batt houses and other bird houses to provide nesting structures. There are locations of natural occurring erosion of ravines that lead to the river that allows sediments to enter the river. We are planning to place rip rap to control the run off of sediments into the river. We are truly stewards of the land.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.The cabin was placed in it's current location prior to us buying the property.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We believe that applying for the After-the-Fact Variance is a strong indication that we are following the proper procedure and we are reacting to a condition that was created before we purchased the property.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.Substantial investment of purchasing the property. No other construction or repairs have been made to the property.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?There has not been any construction or repairs since we have purchased the property. The cabin was originally constructed by White Pine Builders, who as we understand, is out of business.
Was a survey of your property boundaries obtained?No
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.
Patrick David Sims
simspatrick108@gmail.com
I have read and agree to the statement above.
