Application 23-001786: Record Inquiry

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Planning and Zoning: Land Use

Inquiry Results

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT

Duluth

Virginia

Government Services Center

320 West 2nd Street, Suite 301

201 South 3rd Avenue West

Duluth, MN 55802

Virginia, MN 55792

(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.

First Name: Field is required.

Teresa

Middle Name:--

Last Name: Field is required.

Boytim

Address Line 1: Field is required.

PO Box 187

Address Line 2:--

City:

Hamel

State/Province: Field is required.

Postal Code: Field is required.

55340

Business Phone: Field is required.

Mobile Phone:--

Home Phone:--

Fax:--

Email Address: Field is recommended.

teleg@comcast.net

Preferred Contact Method: 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

Primary PIN Field is required.

625-0015-00480

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.

Enter Applicant Information

I am a:

Landowner

Applicant Name: Field is required.

Teresa Boytim

Address Line 1: Field is required.

PO Box 187

Address Line 2:--

City:

Hamel

State:

Zip:

55340

Primary Phone: Field is required.

(612)750-2097

Cell Phone:--

Fax:--

Email:teleg@comcast.net

Contact Person Name: Field is recommended.

Jack

Contact Person Phone: Field is recommended.

(612)750-2097

Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.

Same as Applicant address?Yes

Name:

Teresa Boytim

Address:

PO Box 7

City:

Loretto

State/Province: Field is required.

Zip:

55357

Primary Phone:--

Cell Phone:--

Fax:--

Email:

Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.

Is there a site address for this property? Field is required.

Yes

Site Address:9042 Bear Island Cabin Rd. Babbitt MN

Is this leased property?No

Leased From?--

US Forest Service

Superior National Forest

8901 Grand Avenue Place

Duluth, MN 55808

MN Power

Shore Land Traditions

30 West Superior Street

Duluth, MN 55802

MN DNR, Area Hydrologist

7979 Highway 37

Eveleth, MN 55734

MN DNR Land and Minerals

1201 East Highway 2

Grand Rapids, MN 55744

St. Louis County - Duluth

Government Services Center

320 West 2nd Street, Suite 301

Duluth, MN 55802

(218) 725-5000

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.

How is the property accessed?

Public Road

Private Road

Easement

Water

Other

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.

Total # of bedrooms on property after project completion.

Does this project include plumbing or pressurized water in proposed structure?

Yes

If Yes, please explain:

Rough in for future pressurized water

Is this project connected to a municipal or sanitary district system?

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.

There is mature pines and trees located on steeper grade behind the existing cabin. Those trees would need to be excavated destroying the trees and the natural environment . There are also large boulders that will be very difficult to remove and if tip of iceberg type maybe not be achievable to remove. The trees and large boulders and rock are abundant on the grade making it very difficult for access and using that area for setback. There are also power lines that require access so trying to meet setback could infringe on that access. The power company access is 20 feet either side of power line (40 feet total). The variance request is for the replacement of Existing Dwelling due to the condition. The roof has collapsed and inside is unusable the floor is not level and to try to repair is not possible, safe or healthy. It would also be costly to attempt and the final product would still be aged and is not what is needed. It only makes sense to replace. The current dwelling does not meet shoreline setback and property line setback so the replacement in same location also would not meet the setbacks. Having the shoreline and property line setback closer will also give us room for the cabin size needed to make ADA accessible and room for wheelchair van with lift to pull up to cabin on the other side. The new cabin would be 40x30 to accommodate the accessible needs. The new cabin would be adjusted slightly to be uniform with shoreline distance as existing is at an angle.

Describe the intended/planned use of the property.

recreation use.

Describe the current use of your property.

limited recreation use.

Describe other alternatives, if any.

Very difficult to achieve other alternatives and would create possibly burden for ADA access. The existing cabin needs to be replaced and we are just asking to build a new cabin in the same location.

If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?

By keeping cabin where it's located will keep the natural trees and landscape intact keeping with most cabins along the shoreline that are also approximately same distance from shoreline. This will keep the historic look of all the cabins in the neighborhood.

Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.

Only improved positive impact. The cabin would fall in line with others along the shore and their setbacks keeping with the natural setting. There really is no other reasonable location based on lot, grade, trees, rocks, power lines and natural location layout of the lot . This variance will improve the value and appearance of the property and will respect the natural beauty benefiting the neighbors and us. Of 11 properties we looked at via land explorer over half had less shoreline or similar setback than ours. Many were less setback than ours and only some were slightly farther than ours. The majority of the cabins along the shore do not meet the shoreline setback so ours would fall in line with most properties. Property examples were six cabins to the NW (500 feet to end of cabin row to NW) five other examples we looked at were to the SE . The neighborhood consists of nonconforming parcels with dwellings at reduced shoreline setbacks. The variance would also avoid privacy loss to neighbors and us.

Describe how negative impact to the local environment and landscape will be avoided.

By keeping cabin location the need to destroy and remove mature pines and trees will be avoided keeping the natural environment and land-based ecosystems along with the beauty of the lot and neighborhood. No need to excavate hill and large boulders keeping the natural environment and again no impact to landscape. There could be possible water intrusion into a new cabin building into side of hill. This all would be avoided with the variance.

Describe the expected benefits of a variance to use of this property.

We will be able to use and enjoy the property and have an ADA accessible cabin on level land for our disabled son that's in a wheelchair or anyone else that requires level access with a ADA type setting would also benefit such as elderly or disabled. By keeping the cabin in the level current location would be the difference between access and very difficult to no access for him and as we age us.

Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.

This is a beautiful piece of property and to disrupt the land and landscape to try to meet setbacks would not only take away some of that beauty but would also make it very difficult for our family to use if not on level ground. Not to mention the excessive costs to attempt. Our son is in a wheelchair and by keeping the level location would provide ADA access for him to cabin and shoreline. The closer to shoreline the better for the wheelchair access to it. We are asking to rebuild on the current location. The new cabin will be bigger as existing is too small. This is to accommodate the wheelchair access movement of the wheelchair and hoyer lift inside the cabin. The lot's natural layout cabin location is where the current cabin sits and makes sense to rebuild on this same location. Thank you for your consideration and time with our request for this variance.

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?

Start Date--

End Date--

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.

Submitted By:Teresa Boytim

Address:PO Box 187

City:Hamel

State:MN

Postal Code:55340

Email Address:teleg@comcast.net

I have read and agree to the statement above.

I agree

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ST. LOUIS COUNTY, MNPLANNING AND ZONING DEPARTMENT

VARIANCE REQUEST PERMIT APPLICATION

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT