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
308-0070-00131
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
Willaim J Ferfon
3400 Glynwater Trl NW
Prior Lake
MN
55372-1750
(952)440-2448
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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.
Willaim J Ferfon
3400 Glynwater Trl NW
Prior Lake
MN
55372-1750
wjferfon@cs.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
No
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?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.I am requesting a variance from the 10 ft setback requirement on the west side of the lot to a 4 ft setback. The intent when the building permit was issued was to be in full compliance with all application statutes. however, the topography of the lot which is mostly ledge, prevented this from happening. The unevenness of the lot required a lot thicker pad to level the area on which a 30' x 27' garage was to be built. The result, if the pad had been built where originally planned, it would have created a height mismatch between the finished garage floor and the driveway of over 3'. The driveway was already at a 45 degree angle to the garage and it would have made it impossible to put a car or boat in the garage. By placing the pad back 5 ft, the resulting approach would be doable.
Describe the intended/planned use of the property.The intended use of the property is a private 30 x 27 garage for auto and boat storage.
Describe the current use of your property.The property is undeveloped.
Describe other alternatives, if any.None
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?If approved, the proposed use will fit right in with the rest of the neighborhood. The north is a combo garage/apt. To the south is a parking lot for a rental cabins. To the east is my cabin on Lot 12, Harding Manor. To the west will be a new home which is approximately 25' - 30' above my lot.
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 on any of my three neighbors. The neighbors who would be affected the most, directly behind the west lot line will not be affected at all as the property on his side of the line rises 30' to where his house is being built.
Describe how negative impact to the local environment and landscape will be avoided.There will be no negative impact to the property other than the construction of the garage.
Describe the expected benefits of a variance to use of this property.The use of this property will be consistent with the use of surrounding properties. We are in need of a garage. The variance will allow us to continue construction of our garage.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We are requesting that the building setback from our west property line be reduced from 10' to 4'. This will allow us to keep the existing garage slab that was poured in September 2018 and allow for a 1' overhang past the location of the slab for the eve of 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 were under the understanding that our west property line was further west than what we had thought.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.Once I had been notified that a possible violation may have occurred, I responded that I would have the lot and concrete slab surveyed to see if the violation had occurred. I also responded that I would stop any further construction until the issue was resolved. I have since received the surveyor's certificate of survey indicating the slap was 5' over the setback and am now applying for a variance after the fact.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.My investments included the purchase of the lot, the cost of clearing the lot, the building of the driveway to the lot and the 90% advance payment to the builder for the pouring of the slab and the construction of the 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?Randy Daniels preformed the lot clearing, pad preparation and driveway installation. Economy Garages poured the slab.
Was a survey of your property boundaries obtained?Yes
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.
