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.
Eric
Webster
PO Box 903
Ely
MN
55731
5054101694
mayoreric@gmail.com
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
465-0071-00070
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
Dog Tooth Landing, LLC
PO Box 903
Ely
MN
55731
(505)410-1694
mayoreric@gmail.com
Eric Webster
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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.
Dog Tooth Landing, LLC
PO Box 903
Ely
MN
55731
mayoreric@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2786 Clayton Rd
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?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.Yes
Total # of bedrooms on property after project completion.2
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:Removal of pressurized water from two structures, applying to build one structure with pressurized water
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 request to vary from County policy by
1. Allowance for two accessory structures in the shore impact zone: a BOATHOUSE in the same location as the present CABIN, and the currently existing SAUNA (which we plan to leave alone);
2. Replace the structure presently labeled CABIN on the survey with a BOATHOUSE;
3. Increase the square footage of new BOATHOUSE by 192 sq. ft. beyond the existing cabin footprint. Current building is 24' by 24', with 4' projecting mechanical shed and 4 1/2' projecting porch. The new building would extend to the existing CABIN's porch and mechanical shed, or 24' by 32';
4. We ask for a 20 foot height for the BOATHOUSE;
5. We ask that the BOATHOUSE be allowed to have a roll top door on the east face rather than toward the water. The driveway extends to this location already, and we wish to minimize as much as possible the visual impact from the lake. We ask for the size increase to accommodate two boats on trailers and additional canoes, paddles, etc. ;
6. Build a NEW CABIN south of the bluff setback. Exact dimensions of the structure will depend on what is feasible on the site, but a footprint of 600-750 sq ft, 1½ stories. Location will allow gravity feed of wastewater to existing holding tank.
Strict adherence to County policy presents the following hardships:
1. Removal of building that has been at its location for decades would be a significant hardship;
2. Continued operation of sewage waste maceration and uphill pumping to septic tank (100' distant, and 30' higher) is a present hardship and poses long-term environmental hazards to the lake, neighbors, and the property.
Describe the intended/planned use of the property.Seasonal recreation
Describe the current use of your property.Seasonal recreation
Describe other alternatives, if any.NO BUILD
We have considered doing nothing at all. The current CABIN has outlived its useful life, and the macerator, waste pump, and associated hoses needed to convey wastewater up the hill to the holding tank we believe will be recurring issues in the long-term. As seasonal island residents on this lake, we are particularly sensitive to potential water quality issues. The status quo for wastewater is in fact a present hardship. We have considered rebuilding on the same footprint and upgrading the pumping and conveyance systems, but we feel that in the long-term pumping waste water uphill from the shore impact zone is not in our -- or the County’s, or the lake’s -- best interest, no matter how much we spend to upgrade and improve the septic situation.
DEMOLISH OR MOVE SAUNA
We have considered moving the sauna-sleeper in order to comply with the shoreline setback regulations. The allowable area of the lot (shown with a dashed line on the survey) is quite small, and the steep topography already makes building there something of a challenge. Leaving the sauna where it is, and has been for decades, allows us to keep the footprint of the new cabin smaller.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?Burntside properties developed before zoning, as this and all of its neighbors were, frequently have two (or more) accessory structures in the shore impact zone. Many locations on the lake have more than two accessory structures, and many have accessory structures located directly on the water. Ours would be (and currently are) 30 and 60 ft. back from the water, and would be (and currently are) for all purposes invisible from the lake.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.Visual impact to neighbors will be minimal, because there is no additional linear footage requested, and proposed building will extend no closer than existing structure (the porch on the west side, mechanical closet-shed on the east side).
Removal of the outhouse from near property line (if application is approved) will be an additional benefit.
Describe how negative impact to the local environment and landscape will be avoided.We intend to preserve all healthy trees along shoreline by staying within the footprint of what exists presently. As shown by attached photographs, current structures are well hidden from the lake.
Describe the expected benefits of a variance to use of this property.1. Increase privacy for us and our neighbors;
2. Reduce the risk of sewage seeping into the lake due to mechanical failure of antiquated design and construction;
3. Make the property as a whole conform more closely to County policy than it does presently.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We accept that the Board of Adjustment may reject this variance application, but we feel that further use of the cabin, the privy, and the uphill sewage system all within the shoreline impact zone is far worse for the property, our neighbors, and the County to what we are proposing to do in this application.
For additional information (not everything would fit in online boxes), please refer to the attached memo to Planning Staff.
We wish to build a new primary structure between the road, bluff, and property line setbacks on the south end of the lot, and replace the existing cabin with a more water-oriented structure (basically a boathouse). The decision to move the primary structure was not lightly taken; indeed it will prove to be an expensive proposition. Our reason for wanting to do so is that we feel that the pumping of sewage up uphill will continue to be a challenge on the site no matter how much we invest to upgrade and modernize the system. The sewage handling was a retrofit and not part of the original design, and we feel strongly that new construction up the hill with gravity feed to the holding tank will be far less troublesome. Moving the cabin location up the hill conveys the additional benefit of creating more privacy for us and for our neighbors.
We feel that a boathouse use on the present cabin site is more aligned with current County policy than is a cabin in the shore impact zone, and the impact to the neighbors and the lake of changing the designation will be a net positive. The existing cabin is 24’ by 24’, with a 4’ attached utility shed housing the water pump, macerator, and sewage pump. A 4 ½ ‘ foot deep porch extends from the west side of the cabin. We are asking that we be allowed to build out as far as the porch and utility shed extend currently. No additional linear footage is requested.
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.
Eric Webster
mayoreric@gmail.com
I have read and agree to the statement above.
