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.
Joseph
Cybert
4639 Bluebell Trail N
Medina
MN
55340
--
763-688-4164
jtcybert@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
250-0082-00900
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
Joseph Cybert
2515 Soderholm Beach Road S
Cook
MN
55723
(763)688-4164
Chris "CJ" Gunderson
(218)742-6072
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Joseph Cybert
4639 Bluebell Trail N
Medina
Minnesota
55340
(763)688-4164
jtcybert@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2515 Soderholm Beach Road S.
Cook, MN 55723
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.4
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:The proposed dwelling will be transitioned to run on well water and discontinue the use of lake water. Septic use will continue.
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.I am requesting a variance for reduced setback from the shore, increasing the dwelling with an attached screen porch to 50% of the lot width and increasing the maximum height to 30 feet. When the shared driveway for my lot and the adjacent lots was developed instead of the platted road, the driveway cut diagonally across the length of my lot starting near the midpoint of the west line proceeding southeast to about 1/3 of the lot back from the shoreline. With the current setbacks, the buildable area is a triangle with legs of approximately 60’x60’x85’ and it is not possible to fit the proposed dwelling and garage into this small triangle. I am trying to avoid the height variance by building a basement rather than designating living space on a second floor. I will not know if the basement is possible until we start the project and excavate the site. If the basement is possible, I will need to build the dwelling as a walkout. My father will be a primary user of the dwelling and is mobility impaired with 99% disability. If there was a need to escape from the dwelling in an emergency, it needs to accommodate his capabilities. For this reason, I am proposing a dwelling location variance to be within the shore setback, but not less than 50 feet from the shore. If the site is not able to be excavated, I will need the second floor as depicted in the plans. The width variance is requested as the attached screen porch to the dwelling would exceed the permissible width by ten feet.
Describe the intended/planned use of the property.This property will remain a family cabin; just one that can accommodate three generations and with ADA accommodations. My father’s mobility impairment is the reason I would like to build a garage in close proximity to the dwelling. One notable change is the dwelling will transition from use during three seasons to year-round use. This property will be our weekend retreat from the Twin Cities where we will enjoy boating, fishing, hunting, downhill skiing and local tourism within St. Louis County. My parents will likely spend more time at this dwelling than in the past and at intervals of a week or longer.
Describe the current use of your property.Since 1987 when my mother and father purchased this property, the property has always been used as a family cabin primarily during the weekends from late spring to late fall. I spent almost every weekend of my childhood from April through November enjoying this property and all that Lake Vermilion and the Superior National Forrest have to offer. I want the same for my family and for generations to come. Unfortunately, the property is in need of being updated due to deteriorating conditions of the dwelling. Instead of renovating the existing dwelling and freshening that space up, it is my preference to rebuild a new structure with modern conveniences and technologies as well as bringing the dwelling into compliance with updated building codes. A 1500-gallon septic tank was added in 2014 to replace the deteriorating old system.
Describe other alternatives, if any.The proposed build site option 1 would be within the property line and private driveway setbacks, but would encroach into the shore setback. The dwelling for site option 1 would be positioned similar to the existing dwelling only more centered east to west on the property. The dwelling’s SW and SE corners would be no closer than 50’ to the shore. Site option 2 is the alternative. The dwelling for site option 2 would be positioned along the west side of the property with the dwelling’s SW corner no closer than 50’ to the shore and the SE corner approximately 59’ to the shore. This site option will not allow the garage to be built on the same side as the dwelling, west of Soderholm Beach Road. Both options are positioned to allow for a walkout basement to accommodate my father’s impairment.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The dwelling and garage will be similar in design/appearance to other dwellings recently rebuilt in the area. The dwelling and garage will use natural colors/earth tones so they blend in with the wilderness surrounding the dwelling and will be positioned farther back from the lake than the existing dwelling. I am trying to minimize the height of the structure, but that is dependent on the ability to excavate the site to accommodate a walkout basement.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The impact will be the construction noise during construction. I have planned for the project to be completed primarily over the winter months with site excavation and foundation work occurring in late August or early September, provided the variance is approved and necessary permits issued. Site option one is preferred as it is in a central location relative to the adjacent dwellings. Both site options position the dwelling farther back than the existing dwelling, so there will be no additional impact with respect to the dwelling location.
Describe how negative impact to the local environment and landscape will be avoided.The contractor for this project works routinely on Lake Vermilion and takes the necessary steps to ensure the local environment and landscape are not negatively impacted. As previously mentioned, the septic system was updated in 2014 and if necessary, will be added on to. Temporary construction fencing will be added to mitigate the potential of construction debris leaving the build site.
Describe the expected benefits of a variance to use of this property.I am requesting your approval to build a new dwelling where my immediate and extended family can gather together. My primary goal of this project is to provide a safe, more accessible dwelling and property for my father who has enjoyed this property since 1987 but is now disabled. This new dwelling will allow him to move independently around the dwelling and grounds of the property with safe egress points in the event of an emergency. Further, the existing dwelling uses electrical that is outdated and poses a hazard. The dwelling is also currently drawing lake water which will be converted to well water.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.This proposal is to remove the existing two-bedroom, one bath 28’ x 20’ dwelling and rebuild a two-story dwelling that is 30’ x 40’ with four bedrooms and two- and one-half baths that is able to be used all seasons. Additionally, I plan to build an attached 20’ x 18’ screen porch to enable a more indoor-outdoor living concept. Because we will be using this dwelling during the winter months, a 28’ x 30’ garage is planned to be built to accommodate boat storage and vehicles during the winter months and inclement weather. All the improvements to this property are being designed to accommodate my father who is mobility impaired.
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.
Joseph Cybert
4639 Bluebell Trail N
jtcybert@gmail.com
I have read and agree to the statement above.
