Planning and Zoning: Land Use
Inquiry Results

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT

Duluth
Virginia
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.
 
Field is required.cheryl
 
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Field is required.fosdick
 
Field is required.CF design-LUMstudio 310 E Superior St Ste 125
 
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Field is required.Duluth
 
Field is required.MN
 
Field is required.55802
 
Field is required.2183430983
 
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Field is recommended.cheryl@cfdesignltd.com
 
Field is required.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
 
 Enter the Primary PIN and Associated PIN (if applicable) of the property to be reviewed.
PIN is found on your Property Tax Statement. For example, 123-1234-12345. Primary PIN: Parcel where Structure/SSTS are located. Associated PIN: Additional and/or adjacent property that you own or that is related to the project.
County Land Explorer: https://www.stlouiscountymn.gov/explorer
Property Lookup: http://apps.stlouiscountymn.gov/auditor/parcelInfo2005Iframe
 
 
Field is required.317-0170-00150
 Associated PINs
 

 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.

 
Field is required.No

 Enter Applicant Information
 
Field is required.Other
 
Field is required.cheryl fosdick- design representative
 
Field is required.310 east superior street suite 125
 
125
 
Field is required.Duluth
 
Field is required.MN
 
Field is required.55802
 
Field is required.(218)343-0983
 
(218)343-0983
 
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cheryl@cfdesignltd.com
 
Field is recommended.cf design / cheryl fosdick
 
Field is recommended.(218)343-0983

 Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
 
 
Field is required.cheryl fosdick
 
Field is required.310 east superior street suite 125
 
Field is required.Duluth
 
Field is required.MN
 
Field is required.55802
 
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(218)343-0983
 
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Field is recommended.cheryl@cfdesignltd.com

 Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
 
Field is required.Yes
 
1334 TRYGG rd. Eagles Nest Lake Ely, MN 55731
 
No
 
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US Forest Service
US Forest Service
Superior National Forest
8901 Grand Avenue Place
Duluth, MN 55808
 
MN Power
MN Power
Shore Land Traditions
30 West Superior Street
Duluth, MN 55802
 
MN DNR, Area Hydrologist
MN DNR, Area Hydrologist
7979 Highway 37
Eveleth, MN 55734
 
MN DNR Land and Minerals
MN DNR Land and Minerals
1201 East Highway 2
Grand Rapids, MN 55744
 
St. Louis County - Duluth
St. Louis County - Duluth
Government Services Center
320 West 2nd Street, Suite 301
Duluth, MN 55802
(218) 725-5000
 
St. Louis County - Virginia
St. Louis County - Virginia
Land and Minerals
7820 Highway 135
Virginia, MN 55792
(218) 749-7103
 
 
 
Do you have written authorization from the leased property owner?
If Yes, you must attach written authorization form.
 
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 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?
Field is required.No
 Is this project within 300 feet of a stream/river or 1,000 feet of a lake?
Field is required.Yes
 Is this project adding a bedroom?
Include home, garage, and accessory dwelling.
Field is required.No
 Total # of bedrooms on property after project completion.
Field is required.6
 Does this project include plumbing or pressurized water in proposed structure?
Field is required.No
 If Yes, please explain:
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 Is this project connected to a municipal or sanitary district system?
Field is required.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.
 
Field is required.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.
Field is required.existing cabin with wrap-around elevated deck is 55' from OHWM, so...at a non-compliant setback- With the exception of an attached garage, the entire structure is within the 100' shoreline setback for recreational development lake Eagles Nest Lake. Our project proposes to remove 970.1 SF of existing elevated deck and 4-season porch structure - the majority of which is at a 55-58' lake setback....and add a new 4-season porch structure of 322 sf, at a 70' setback and a new entry deck with a 15 x 17 (255 SF) columnated (no sides) outdoor covered seating area for a total new deck size (covered and non-covered) = 431 SF. Lake setback for the deck and covered seating element proposed is 82'-2" TOTAL for all proposed addition/ replacement structure/ decking is 753 SF. ...217 sf less than existing. This project is a part of a complete remodeling, interior and exterior--of the existing building. which reqires no additional variances.
 Describe the intended/planned use of the property.
Field is required.the property is a second home - multi-generational. Year round.
 Describe the current use of your property.
Field is required.the property is a second home - multi-generational. Year round. No change of use.
 Describe other alternatives, if any.
Field is required.The current 4-season porch, built back in 1985 is in disrepair and has been water-damaged beyond remodeling. It is a primary family gathering space in the project and needs to be functionally present in the project . The current porch is built to the same 55' setback as the main structure and, together with the main structures roof, sheds considerable water from a second story height, causing some erosion and water dropping to an at-grade patio below. In an effort to maintain the general view, but increase the lakeshore setback, we are proposing to remodel the interior of the main structure to move access to a new proposed porch that will be set back from the OHWM 70' . The resulting exposed soils lakeside of the proposed porch and around the lakeside foundation corner of the main structure can have plantings added to decrease the scale of the structures and increase the pervious condition of land adjacent to a lower level at-grade patio. Through interior remodeling, we have eliminated the need for a wrap-around elevated deck and find we can consolidate all decking at a remodeled entry and arrival area, some of which will become patio and covered sitting area at-grade. Further elevated deck superstructure is eliminated. Removing the decking from the lakeside brings the whole project to an approx 58.5' setback (vs the original 55'). Relocating decking to one location located at an 82'- 2" set back from the OHWM places decking as far back from the waters edge as can be practically used to access the main structure....and keeps decking and seating structure only 3 steps above grade.
 If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?
Field is required.this is a very large property that will continue to have a more traditional roof form and, from the lake, the closest facade to the water will be shorter length than existing, with increased plantings in place of a former porch facade. No significant change of character is expected.
 Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.
Field is required.there will be no impact to the neighboring properties. a private access for trailered boats to the lake that is used communally by several families (but located on my clients land) will continue to be fully accessable.
 Describe how negative impact to the local environment and landscape will be avoided.
Field is required.We are improving the environmental conditions: 1 increasing the built structure setbacks from the lake. 2 increasing the amount of pervious surface between 55' and 70' setback from the lake. 3 through a remodeling and roof change (within permittable height increases), we are redirecting 2-story water off roofs closest to and parallel to the lake.... to guttered runoff perpendicular to the lake, led to grade dispersal between 70' and 82' setback from the lake, (rather thn 2-story freefall at 55'). 4 through interior remodeling, we are eliminating an attached garage in favor of living space. The compacted soils related to garage access and parking will be re-landscaped to include natural forest floor, trees and other plantings, as part of a new and engaging entry space both inside and outside the home. 5 we are reducing the amount of buillt structure by 217 sf. 6 With an approved variance for a new, smaller specific deck build, we can better integrate 2 outside use areas and the arrival to the house, at 2 different grade levels ..with a single low slope pathway compatible with existing slopes, reducing existing site walkways and pathways around the house.
 Describe the expected benefits of a variance to use of this property.
Field is required.Because space will be created for graded soils fill when the variance to allow the porch rebuild is approved... and relocation will allow less obstructed use of the lower lakeside level of the project at grade by providing some sloped green and patio space adjacent to and along the side of the existing foundation. Eliminating the wrap around elevated decking takes away a visual obstruction through every main floor window associated with the wrap-around porch.. approval of our entry deck and sitting structure allows the elimination of these elevated decks and allows the interior remodel to proceed without a need for the elevated decks used to link interior spaces by exterior means. The variance to allow all of the new decking (all decking , in fact) at the entry area and covered sitting area allows for the establishment of a whole new area of active use that is ALMOST at-grade (given the lower land slopes on this side of the building), which is setback 27' farther than it currently exists with the elevated decks and current porch. Interior remodeling puts this location close to the kitchen area and make it possible to link the proposed upper deck/ patio area and the lower lakeside patio area with a low slope on-grade walkway with little to no alteration of existing topography. Currently access to the lake AND the lower patio is primarily on the opposite side of the building from the entry area, on steep sloped land accessed by walking THROUGH the porch structure or directly out of the basement. The functional relocation of arrival deck/ patio and covered seating structure links users more directly betweeen 2 active outdoor spaces at both house floor levels....and removes complex circulation from the proposed porch location altogether.---cleaner, more practical circulation- less disrupted landscape.!
 Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.
Field is required.In general, we are removing 2 of the most offending setback structures from the project: several elevated decks and a 4-season porch structure built at the current 55' setback. As the project will be thoroughly re-imagined inside and outside, the goal is to better steward the immediate landscape, create a more comprehensive and easily understood link between usable outside patios and the entry to the project....and do so with less resulting SF structural coverage than currently exists. Further the water management of the project, with a pending roof change will slow down runoff and bring it to the side of the main structure and across tiled sub-grade, vs dropping runoff water at height to a lower level patio surface and steep grade. heading down towards the lake, as is currently the case. Further, a significant portion of roof runoff drops right into the entry - currently an inside corner with a roof valley---while the variance doesn't direct these water management issues and changes directly, it DOES allow the results from the roofing changes to be incorporated into a very occupiable outside space set as far back from the lake as it can be and still be associated with the access to the house.- Granting the variance for the porch addition at a 70' setback and for low height decking associated with an entry arrival area and 15 x 17 columnated covered seating area (no walls) at the entry area, all with a setback of 82'-2"...will allow for the incorporation of a more pervious landscape and and a pattern of site use that is clear, simple and easily directed....the whoe project interior and exterior will depend upon one another...not the case at this time.
 IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS

 
 Describe your reasons county zoning ordinance requirements were not followed.
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 Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.
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 Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.
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 If there was construction or repair, on what date did it begin? What date did it end?
 
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 Who performed the construction or repair work?
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 Was a survey of your property boundaries obtained?
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 Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?
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 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.
 
cheryl fosdick
 
CF design-LUMstudio 310 E Superior St Ste 125
 
Duluth
 
MN
 
55802
 
cheryl@cfdesignltd.com
 I have read and agree to the statement above.
Field is required.