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
340-0010-04200
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
Bradley Edworthy
11850 65th Ave N
Maple Grove
MN
55369
(612)718-4157
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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.
Bradley Edworthy
11850 65th Ave N
Maple Grove
MN
55369
(612)718-4157
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Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
4036 Bodas Trail
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?No
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.3
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:A new well and septic system are intended to be connected.
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.Requesting a variance to the shoreland setback requirement. The existing 30x48 foot primary structure which was granted a county approved building permit in 2008 and measured to be located outside the 100 foot shoreland setback. Recently, during the completion of a Land Use Permit application to construct a 16 ft addition to the west side of the structure, which has always been the intended plan for the structure it was discovered the existing structure does not meet the shoreland setback requirement.
In 2008 I measured laterally from the intended centerline of the eastern wall of the structure, which measured greater than 100 feet and was submitted on my application. The only explanation I can conceive of is that in 2008 I did not realize the creek turned sharply westward behind the intended NE corner of the then planned structure site due to thick foliage. This was seemingly also not readily apparent to the contractor who placed the slab on which the structure was constructed. SLC may have also overlooked the proximity to the creek during the approval process or a site inspection may not have occurred. There was no purposeful intent in 2008 to position the structure within the shoreline setback standard.
It was only recently, while starting my application for a building permit for a 16 foot extension to the structure that I came to the realization of the proximity to the creek, through the use of the SLC GIS Land Viewer and subsequent on-site physical measurement.
It should be noted that the current structure and any extension to outside the Shore Impact Zone (SIZ).
Describe the intended/planned use of the property.It is intended upon approval of the variance request, that a 16 foot extension will be subsequently applied for and permitted to be added to the west side of the 30 x 48 foot existing structure to facilitate the addition of a utility room, bathroom and bedroom. The west side of the structure will not encroach any closer to the creek.
The current and intended use of the structure will allow my family the use of the structure in a reasonable manner and is consistent with the St. Louis County Zoning plan and the Fayal Township Land Use Plan and will not alter the essential character of the locality.
Preparations (easements and applications) have been made to facilitate Lake Country Power to route an electrical cable to the existing structure at an expense of $12,300 which is scheduled for an August installation. A well has been permitted at the required setback and drilled by Peterson Well Drilling at an expense of $7,000. A SSTS construction permit was applied for, permitted, installed by Bougalis Construction Inc. and inspected by SLC EHC at the required setback requirements at a cost of $7,500.
Describe the current use of your property.The existing structure has been used as a garage for storage of a boat and ATV and overnight quarters for seasonal deer hunting on the property.
Describe other alternatives, if any.Other than a complete tear down of the existing structure, I do not envision any alternatives to a variance at this time.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?There are no other dwellings within 1500 feet of the structure and there is heavily forest land between any neighboring dwellings. As such the structure is not within the visibility of any neighboring properties, nor would it be if the adjacent parcels were developed given the heavily wooded nature of the parcel. Additionally, the structure is not visible within the Ordinary Public View from Bodas Trail, nor does it alter the essential character of the location.
The 40 acre parcels to the north and west are county owned parcels. The structure with a permitted addition will be similar in size and construction to the dwellings that are nearby.
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 to neighboring properties, nor to their use as the existing structure is not visible from any adjacent properties, nor is it within 500 feet of the parcel property lines.
Describe how negative impact to the local environment and landscape will be avoided.Rain/melt water runoff from the roof is controlled and directed away from the creek through the use of gutters to prevent soil erosion. A septic system has been designed by a master plumber in compliance with the codes and required setbacks.
Vegetation in the Shore Impact Zone has been and will continue to be undisturbed by the presence of the existing structure or the intended 16 foot extension. There is not a pollution waste stream generated by the existing structure, therefore the creek is not threatened by pollution by the existing structure or the intended addition upon the final installation of the septic system.
Describe the expected benefits of a variance to use of this property.The granting of the variance, and subsequent permitting of a 16 foot extension to the west side of the existing structure will facilitate the modernization of the existing structure and will increase the taxable value of the parcel which will be of economic benefit to the county and township. It will further enable the usefulness and enjoyment of my property by my family.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.Ely Creek is a small creek, at most times of the year it is approximately 10 feet wide or less and very shallow and appears to have no recreational activity of any kind.
Due to the scheduling of a mandatory meeting the week of September 6th by my employer in Portland Oregon, I will be unable to personally attend the PC/BOA meeting on September 8. As such, I have retained Greg Gilbert of Gilbert Law Office to speak on my behalf at the meeting. If it is permitted and desired by the PC/BOA I will make accomodations to call in to the hearing if practical for the PC/BOA to accommodate.
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.
