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
465-0010-04242
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
Other
Garfield and Jan Gauthier
1309 Harbor Hills Dr.
Two Harbors
MN
55616
(304)702-2424
gargauthier@gmail.com
Garfield Gauthier
(304)702-2424
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Garfield and Jan Gauthier
1309 Harbor Hills Dr.
Two Harbors
MN
55616
(304)702-2424
gargauthier@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
1337 North Hwy. 21 So.
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?No
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.The property was purchased in 2011. At the time of purchase a survey of the eastern property line was paid for by the seller. We did not receive a copy of this survey. Adjacent to the eastern property line, on our property, there was an existing large, flat gravel pad intended for use to build a garage/storage bldg. The existing pins for the NE/SE property boundary indicated that this pad was located within our property. In 2013 based on conversations with our realtor and documents of the previous owner, we contracted with All Phase Construction of Ely, MN to construct a 28x28 garage/storage bldg. We felt based on the information that we had received, that we were well within the property setback guidelines. We applied for and obtained from St. Louis County a bldg. permit to do so. The bldg. permit indicates that no field inspection was conducted by the county. The construction was completed in August of 2013.
Describe the intended/planned use of the property.The garage/storage space is used for storage of a boat, ATVs and snowmobiles, along with a small shop area for our family use at this location.
Describe the current use of your property.Same as No. 2.
Describe other alternatives, if any.We own five acres of property at this location, but due to the topography this is the only location suitable for this structure. The cabin location is at a very high point on the property and the adjacent land drops away to lowland/wetlands on all sides other than one small area adjacent to the septic field. The current location of the garage was the only location suitable for this building without impacting those lowland/wetland areas or requiring large amounts of fill to construct a base for this structure which also would have been in a lowland area that is very wet in the spring or during rainfall periods.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?There are no other structures within view of our property and no other landowners impacted by this structure. All adjacent land is forested. This garage is typical of cabin/garage structures found on similar properties.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The adjacent property on this eastern boundary is forest, owned by the U.S. Forest Service. There are no other landowners impacted by this structure. There are no other buildings within site of the building.
Describe how negative impact to the local environment and landscape will be avoided.Due to the topography of the five acres, this was the only suitable location for the garage without impacting lowland/wetland area that at one time was probably lake bottom.
Describe the expected benefits of a variance to use of this property.Continued use of the garage/storage building for the landowner. No impacts to adjacent lowland/wetland areas.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.In retrospect, we should have had a survey done of the eastern boundary to ensure we were well within the setback prior to building the garage.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.We should not have depended on the information we received from the previous property owner (who has since passed away) nor from the realtor. A certificate of survey should have been provided to us at the time of sale, to ensure we were within the setback requirements when we were ready to build a garage. We understand the responsibility of our actions, and request this variance after-the-fact so we can have continued use of the garage/storage structure for our family.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We have included a copy of the building land use permit, site planning sketch form submitted with the request for permit in 2013. Also, the certificate of survey for the recently completed boundary survey done in April 2018. This was done in case the family would want to sell the property at some time in the future and wanted to make sure all land use requirements are met.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.Constructed 28 x 28 garage
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?All Phase Construction
P.O. Box 633
Ely, MN 55731
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.
I have read and agree to the statement above.
