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
725-0050-00570
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
Matthew J Frericks
20 Anderson Drive
Virginia
MN
55792
(218)929-0789
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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.
Matthew J Frericks
20 Anderson Drive
Virginia
MN
55792
(218)929-0789
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Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
7777 North Birch Ridge Rd
Britt MN 55710
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.--
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 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.We are requesting a variance from shoreline and property line setbacks in a bluff zone. We would like to replace an existing 10x14 structure with a 250 square foot WOAS. The 10x14 structure sits approximately 3 feet from the OHWL and 3.4 feet from the nearest neighbor's property line. The property was surveyed by Benchmark Engineering in 2010 and there is a survey pin present. The property is located in a bluff zone and there is no other place at the base of the bluff on our property where a structure could be responsibly built without digging significantly into the hillside. The structure that currently exists has rotten walls, floor beams and roof. It would not be safe to attempt to remodel it.
Describe the intended/planned use of the property.The intended or planned use of the structure would primarily be a storage building for water related items and perhaps a screen porch.
Describe the current use of your property.Currently, the only use for the existing structure is for storage of water related items. Because the structure is so rundown there isn't much else we can use it for. We would like to build a structure that would make our lakeshore more usable.
Describe other alternatives, if any.There are no other alternatives for structures or for places to build at the base of the bluff on our property. The existing structure has been in place for several decades.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?Nearly every property along the lake in the neighborhood has a WOAS. Some are saunas, bunkhouses, boathouses or storage buildings. Furthermore, a quick look around the lake would clearly show that what exists currently on our property is probably the most useless, rundown, eyesore on the lake. In short, by replacing the structure, our property would more "fit in" to the character of the neighborhood rather than stand out as it currently does now.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The owner of the nearest neighboring property would probably great appreciate having the current eyesore torn down, removed and replaced with a structure that is actually pleasing to look at. There would be no impact on other properties by replacing the structure with a slightly larger one. The only foot traffic that occurs in the area is between neighboring properties and the new structure would not impede that.
Describe how negative impact to the local environment and landscape will be avoided.We plan on tearing down and removing the existing structure responsibly and legally. The demolition of the old structure would be by hand (no heavy machinery). All pieces of the existing structure will be removed from the property and disposed of at the county landfill. I will make as few trips up the bluff as possible to negate disturbing the soil and lessen the possibility of erosion. When it comes time to bring materials down to construct the building, I would again use as few trips as possible in order to reduce the impact on soil. After the work has been completed, any exposed soil would be reseeded and covered with soil blankets. Furthermore, we would be interested in bringing the new structure back from the lake a foot or two.
Describe the expected benefits of a variance to use of this property.With the variance, we would be able to use the property as it was intended: a recreational property. I think the neighbors would be happier too because they would no longer have to look at a structure that has been falling apart and rotting in front of them for several decades.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.None.
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.
