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
250-0082-00890
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
Tom Loveall
48931 North Shore Road
Waterville
MN
56096
(507)338-9054
tomcat56098@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.
Tom Loveall
48931 North Shore Road
Waterville
MN
56096
tomcat56098@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2511 S Soderholm Beach Road
Cook
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?Yes
If Yes, please explain:Existing cabin has pressurized water & septic system
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.The existing cabin is currently non-conforming due to being too close to the lake. The cabin's current foundation is constructed of 8" concrete blocks set on a 20" wide x 8" high at ground surface footing. As such, it is severely effected by the ground freezing. The cement block is 9 course high (72") on the south side, facing the lake. This 36'8" of block wall is tipping out at the top, 3/4" cracks are now appearing. The cracking extends around the corners and up the foundations side walls. We think this is due to the footings heaving and rolling in winter, and the foundation wall is unable to return to plumb in spring. It is getting worse. The two 20'5" side walls are the same construction as the south wall but they step up the hill. The north wall of the cabin is set on a combination of a rim beam on cement pads, about 7' apart, and also utilizing the cement fireplace footing. There is a 12'3" x 11'10" slab on grade addition also located on the north side.
SEE ATTACHED
Describe the intended/planned use of the property.In the past this cabin has been used year round. We intend to retire here, but till then we will use it seasonally.
Describe the current use of your property.We bought this cabin in September 2020, and we intend to use it as a recreational cabin.
Describe other alternatives, if any.Not aware of any alternatives.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The area is currently lakeshore lots with cabins. Many appear to be non-conforming. This cabin will retain its essential character as a small vintage Minnesota cabin
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The use will be the same as it has been, the cabin will be the same size and location as before, therefore I don't believe there should be an impact.
Describe how negative impact to the local environment and landscape will be avoided.Silt fence and wattles will be installed on the lakeshore, construction methods will be required to minimize potential exposures, ie: the staging of materials, site clean up, low ground pressure skid loader, a single route to remove excavated soil, the use of sand to "bubble over" root zones.
Describe the expected benefits of a variance to use of this property.The variance is needed to do the found at ion work that is necessary to correctly fix the issues that are making the cabin unsafe and eventually unusable.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.I would also mention that apparently in the past, the north wall had a problem with erosion. Surface water flowed under the cabin and eroded the center beam footings. They are currently in very poor condition. I intend to have the cabin stabilized on steel beams as soon as possible. At some time in the past the owners banked up blacktop against the wood framed wall to stop it. This has resulted in the bottom 12" rotting. With a new foundation
we can also fix this.
Also included in this variance request is a request to replace the existing 14'x18' deck with one of the same size. We intend to replace the existing stairways and boardwalk with a stairway that goes directly to the dock. This will result in less square footage of boardwalk and stairs then currently exist.
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.
