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
260-0056-00020
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
James Melgeorge & Curtis Andrews
601 Main Street
PO Box 265
Biwabik
MN
55708
(218)865-6125
csandrews510@yahoo.com
Curtis Andrews
(218)748-2086
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
James Melgeorge & Curtis Andrews
601 Main Street
Biwabik
MN
55708
csandrews510@yahoo.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
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.No
Total # of bedrooms on property after project completion.0
Does this project include plumbing or pressurized water in proposed structure?No
If Yes, please explain:--
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 After the Fact 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.Varying from 150 ft shoreline setback.
It is difficult to comply with the ordinance because the parcel has buildable and outside of the 150 ft shoreline setback and the 15 ft. setback from the platted ROW at the back of the property. The east property line is 267.5 ft. and the west property line is only 206 ft. Additionally, in the buildable land between the shoreline setback and the platted ROW setback, the southwest half has a steep slope that prevents construction. Prior to receiving the October 16, 2015 letter from the Planning Department, we had plans to construct a garage on that area of buildable land in the near future. In anticipation of this garage we cleared trees the summer of 2016.
Describe the intended/planned use of the property.The current use of the property is a cabin and our intention was to add a garage, well and septic system to make it our home. But as we got quotes it was more than what we could afford.
Describe the current use of your property.The overall current use of the property is a cabin but we intended to make it our home. The current use of the structures for which the variance is sought is a lake storage shed, a shed and a generator house. The lake storage shed has been in existence for approximately eight years. There has been a shed on the property for 40 years and since the original was falling apart we rebuilt one in the same spot in 2008,eight years ago, smaller than the original which was 8' x 12'.The generator house has been in existence over fifteen years.
Describe other alternatives, if any.There are no other alternative locations for the lake storage shed. f the variance is not granted the lake storage shed will likely have to be torn down. It will be a great hardship to move it up the slope, and trees will have to be cut. Additionally, the parcel has little buildable land outside of the 150 ft. shoreline setback and the 15 ft. setback from the platted road ROW at the back of the property. Additionally, half of the legally buildable land is on a steep slope that prevents any construction. With the generator house we would have to dig up all wiring and would no longer have power from generators to our cabin. We would like to keep it for a back up system in case we have electricity permanently installed and there is a power outage.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The overall use of the property as a cabin fits into the character of the neighborhood/area because all other properties on Silver Lake are cabin/residential.
The use of the structures for which the variance is sought fits into the character of the neighborhood/area because many other properties on Silver Lake have storage sheds. This lake storage shed has already been in existence for eight years, the shed for thirteen years and the generator house for over fifteen years. Further, many other properties on Silver Lake have structures well within the shoreline setback.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The neighboring properties will not be impacted by the proposed use with the variance because it is the same as the current use of the property. The buildings for which the variance is sought are the lake storage shed constructed eight years ago and is only 98.01 sq. ft, the shed constructed thirteen years ago and is 67.24 sq. ft. and the generator house constructed over fifteen years ago is 60.84 sq. ft. Additionally, the use is consistent with the neighboring properties on Silver Lake, and many neighboring properties have structures within the shoreline setback.
Describe how negative impact to the local environment and landscape will be avoided.As this is an after-the-fact variance ,the lake storage shed, the shed and generator house are already in existence. We are not aware of any negative impact of the local environment and landscape, especially since the lake storage shed, the shed and generator house are small in size. However, if we are forced to move the lake storage shed outside of the shoreline setback, we will have to cut many large trees and damage the landscape to do so or move it during winter across the lake and haul it over to the proper from the road.
Describe the expected benefits of a variance to use of this property.If the variance is awarded we will not have to move the lake storage shed; having to move the lake storage shed would result in the removal of many large trees 85 plus feet tall and damage to the landscape of the property. Additionally, the property is significantly slopped to the shoreline. The shed provides storage of personal property at the bottom of the slope, otherwise personal property would constantly have to be carried up the slope to the cabin. There are 17 8 inch steps and our property is at the highest point on the lake with the steepest slope down to the lake. By not moving the shed we would continue to have tools close by for repairs. f the generator house could stay where it is we would be able to continue to have a power supply for the property and we would have power to the cabin and as a back up if we had electricity permanently installed and there was a power outage.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.On October 16,2015, we received a letter from the St. Louis County Planning Department stating that we have several structures that do not meet the shoreline setback. Specifically, there are three structures plus a shower, the lake storage shed, a shed, a generator house. We would move the lake shower outside of the shoreline setback. Permits will not be required for these structures as they are less than 150 sq. ft.;98.01sq. ft.,67.24 sq. ft. and 60.84 sq. ft. respectively.
However, it would be a hardship to move the lake storage shed, the shed and the generator house and thus we are seeking an after-the-fact variance. We hope that in exchange for moving the shower we can keep the lake storage shed, the shed and generator house where they are.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.none
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We realized our mistake after receiving the letter dated October 16, 2015. We are committed to moving one of the four structures out of the shoreline setback. We are applying for an after-the-fact variance for the lake storage shed, the shed and generator house.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.All of these buildings were completely constructed long before we discovered we 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?James Melgeorge
Was a survey of your property boundaries obtained?Yes
Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?Yes
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.
