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.
Michael
Heiman
PO Box 356
Ely
MN
55731
218-235-3491
mheiman@northerngeoseptic.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
465-0160-00063
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
Brad Valdyke
148 Marina Bay Drive
New Smyrna Beach
Florida
32169
(407)504-9158
--
--
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Brad Valdyke
148 Marina Bay Drive
New Smyrna Beach
Florida
32169
bvaldyke@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2874 Moroni Point Road
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:The proposed dwelling plans to utilize a lake water 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.This variance application is requesting a reduced setback of 50 feet between the proposed dwelling and the Ordinary High Water Level of Burntside Lake. The only suitable septic mound location, bedrock outcrops, and property boundaries limit the available location for the proposed dwelling.
Describe the intended/planned use of the property.The planned use of the property is residential. The proposed dwelling is planned to consist of a garage with a 2-bedroom apartment.
Describe the current use of your property.Currently, the property is forested and does not contain any structures. An existing gravel driveway provides access to a dock on the shoreline.
Describe other alternatives, if any.There are no alternatives for the proposed dwelling location. Large bedrock outcrops, the only suitable septic soil treatment area, and property boundaries limit the available locations.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?If approved, the variance would align with the established aesthetic character of the neighborhood, maintaining consistency and harmony with surrounding properties. The neighborhood comprises primarily residential homes and cabins, many of which were developed in the 1960s and do not meet the current setback requirements for Burntside Lake.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The proposed variance will not have a meaningful impact on neighboring properties. The dwelling meets property line setback requirements, and the proposed land use complements the neighborhood's established character.
Describe how negative impact to the local environment and landscape will be avoided.The requested setback is located outside the Shore Impact Zone. A natural vegetative buffer will be preserved between Burntside Lake and the proposed dwelling throughout construction. Following construction, all excavated areas will be restored using native seed and mulch to ensure environmental stability and promote natural regrowth.
Describe the expected benefits of a variance to use of this property.Approval of the variance will enable the owners to spend more time on their property, further enjoying the land that has been treasured by their family for generations.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.This variance request seeks to reduce the setback between Burntside Lake and the proposed dwelling from 100 feet to 50 feet. The request is necessary as the lot meets the minimum land use standards for development; however, bedrock outcrops, property boundaries, and the only suitable septic location limit alternative building sites.
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.
Michael Heiman
mheiman@northerngeoseptic.com
I have read and agree to the statement above.
