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.Michael
 
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Field is required.Heiman
 
Field is required.PO Box 356
 
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Field is required.Ely
 
Field is required.MN
 
Field is required.55731
 
Field is required.218-235-3491
 
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Field is recommended.mheiman@northerngeoseptic.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.629-0010-04190
 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.Landowner
 
Field is required.Daniel Houle
 
Field is required.3060 Echo Trail
 
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Field is required.Ely
 
Field is required.MN
 
Field is required.55731
 
Field is required.(218)235-0413
 
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danielghoule@gmail.com
 
Field is recommended.--
 
Field is recommended.--

 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.Daniel Houle
 
Field is required.3060 Echo Trail
 
Field is required.Ely
 
Field is required.MN
 
Field is required.55731
 
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Field is recommended.danielghoule@gmail.com

 Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
 
Field is required.Yes
 
3060 Echo Trail 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.Yes
 Total # of bedrooms on property after project completion.
Field is required.3
 Does this project include plumbing or pressurized water in proposed structure?
Field is required.Yes
 If Yes, please explain:
The proposed dwelling will be an owner's residence and have pressurized water.
 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.We respectfully request a reduction in the required shoreline setback between the proposed dwelling (three-bedroom owner’s residence)and the Ordinary High Water Level (OHWL) of Big Lake. The required setback for a recreational development lake is 100 feet, and a variance is requested to allow a setback of 50 feet to accommodate the proposed owner’s residence. The proposed location of the owner’s residence is on the western portion of the property, where property boundaries and the shoreline limit the available area for development. Figures 1 and 2 illustrate the proposed dwelling location, as well as the existing property layout and site constraints.
 Describe the intended/planned use of the property.
Field is required.The property will continue to operate as an existing resort consisting of twelve (12) rental cabins and six (6) campsites. The owner proposes construction of a single, three-bedroom owner residence to allow for on-site management and maintenance of the resort. The residence is intended for owner occupancy only and will not be used as a rental unit. Providing a dedicated owner’s residence allows the resort to operate more efficiently by eliminating the need for management staff to occupy an income-producing cabin and supports the long-term viability and stewardship of the property. No expansion of rental units is proposed under this variance.
 Describe the current use of your property.
Field is required.The property is currently used as a seasonal resort consisting of twelve (12) rental cabins, six (6) campsites, and an outfitting business. The first cabins were built on the property in 1926 and the property began operation as a resort in 1936. No owner's residence currently exists on the property.
 Describe other alternatives, if any.
Field is required.The proposed location for the owner’s residence is the most viable option on the property. Other undeveloped areas are constrained by the septic replacement area, a recently installed solar array, and future parking expansion. Given the existing resort layout, shoreline limitations, and required setbacks, the proposed location represents the most reasonable placement. The requested variance is the minimum necessary to allow reasonable use of the property while remaining consistent with existing development patterns and minimizing impacts.
 If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?
Field is required.If approved, the proposed owner’s residence will be consistent with the established character of the area. The surrounding area is defined by existing resort and lakeshore development, including multiple structures on the subject property that predate current shoreline regulations. The proposed residence is similar in scale and use to existing cabins on the property and will not alter the overall use or character of the site or surrounding area.
 Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.
Field is required.The proposed owner’s residence, with the requested setback variance, will not negatively impact neighboring properties or the use of those properties. The residence will be owner-occupied and will not increase the number of rental units, campsites, or overall activity on the property. The proposed dwelling does meet the required property line setbacks. The proposed shoreline setback is consistent with the existing cabins on the property that were constructed prior to current regulations. As a result,the proposed residence will not introduce a new or incompatible use, nor will it alter the character of neighboring properties.
 Describe how negative impact to the local environment and landscape will be avoided.
Field is required.Negative environmental and landscape impacts will be avoided through preservation of the shoreline impact zone and proper wastewater management. The proposed owner’s residence will maintain a minimum 50-foot shoreline impact zone buffer and will utilize a holding tank system with an identified, suitable soil treatment area. If approved, the dwelling will be permitted through St. Louis County Planning and Zoning, and construction will comply with applicable county requirements and best management practices for erosion control and site stabilization. No expansion of existing shoreline development is proposed.
 Describe the expected benefits of a variance to use of this property.
Field is required.The variance allows construction of a single, owner residence to support on-site management and maintenance of the existing resort. This enables reasonable use of the property while improving overall economic stability of the resort, allowing for long-term stewardship without increasing the number of rental units, or campsites. Providing a dedicated owner’s residence allows the resort to operate more efficiently by eliminating the need for management staff to occupy an income-producing cabin and supports the long-term viability and stewardship of the property. No expansion of the resort, increase in rental units, or increase in shoreline intensity is proposed.
 Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.
Field is required.The requested variance represents the minimum reasonable deviation necessary to allow construction of an owner’s residence. The proposed setback is consistent with the existing development pattern of the property and maintains the shore impact zone. Approval allows reasonable use of the property while maintaining environmental protections.
 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?
No
 Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?
No

 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
 
PO Box 356
 
Ely
 
MN
 
55731
 
mheiman@northerngeoseptic.com
 I have read and agree to the statement above.
Field is required.