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
465-0170-00020
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.
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Enter Applicant Information
Landowner
Jim Southwick and Joan Sundquist
2220 Jefferson Avenue
St. Paul
MN
55105
(763)203-3178
james.d.southwick@medtronic.com
Mark Tambornino
(612)823-0233
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Jim Southwick and Joan Sundquist
2220 Jefferson Avenue
St. Paul
MN
55105
james.d.southwick@medtronic.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2154 Passi Road
Ely, MN
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.4
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 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.The homeowners are requesting a variance from the required shoreline setback of 100 ft from Burntside Lake to build a new 1 1/2 story 1,900 square foot cabin to replace an existing 985 square foot substandard cabin that sits 43 feet from the shoreline. The proposed siting of the new cabin would encroach upon the required setback by 52 feet, improving the current nonconformance by 9 feet and take the dwelling out of the Shore Impact Zone. This 292 foot wide lot is characterized by a significant slope which rises 98 feet above the lake level in 500 feet. Approximately 1/2 of the site is in a Bluff Impact Zone. The existing cabin and adjacent outbuildings sit the on flattest area of the site with the cabin situated on a levelled man-made plateau created for its
construction. The existing flat area is approximately 11'-0” above the lake level. The land rises up sharply immediately behind the existing structure and these hills are wooded with several large mature trees. The existing cabin is a single story wood framed structure, with a footprint area of 985 square feet. While the proposed structure is larger, with a 1,590 square foot footprint including the screened-in porch, it is modest in scale according to current building standards. The current structure is approximately 16’-6” tall from grade to the highest point, and the proposed structure is designed to meet the current zoning ordinance height restriction of 25’ with the ridgeline 24’-8” above the lowest point of grade on the lakeside. At its closest point, the existing structure sits 43.9 feet from the shoreline, and as such encroaches on the Shore Impact Zone by 6 feet. The roofline of the proposed structure would be placed outside of the shore impact zone at 50 feet from the shoreline. [SEE ATTACHMENT FOR MORE]
Describe the intended/planned use of the property.The owners intend to maintain the current residential recreational use which is permitted under the land use ordinance.
Describe the current use of your property.The current use is residential recreational.
Describe other alternatives, if any.The presence of a bluff on the southwest side of the lot prevents positioning the proposed structure further from the shoreline. The location of the existing well and septic lift station also impact the siting of the cabin.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The proposed cabin is modest in scale and fits the size and character of the existing structures on the adjacent properties. The proposed distance of the new cabin from the OHW appears to be further from the lakeshore than
the existing structures on the adjacent property to the south (reference existing survey). The proposed orientation of the new cabin is also more closely aligned with the lakeshore than the existing cabin and thereby more in keeping with the cabins on the adjacent properties. The orientation of the new cabin and its massing are also intended to create a more historically correct visual relationship between it and the other outbuildings on the site.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The proposed use is the same as the current use. The neighboring properties will not be impacted by the proposed use with the variance.
Describe how negative impact to the local environment and landscape will be avoided.The proposed location of the new cabin on the existing flat area of the site minimizes impact on the local environment and landscape by minimizing the disturbance of existing soils for excavation. During construction a 3 foot wide by 18” high woodchip berm will be installed for perimeter sediment control. The site immediately adjacent to the new cabin and existing bunkhouse will be lightly graded to better manage surface water drainage. These areas will also be reinforced to manage long term erosion. One mature tree between the existing bunk house and new cabin and several small trees and shrubs will be removed to facilitate re-grading.
Describe the expected benefits of a variance to use of this property.This projects removes a substandard building and replaces it with a historically sensitive, right-scaled project that sits sensitively on the land and maintains the existing use. While not taking the property out of nonconformity, the proposed project improves the overall property's nonconformity moving the cabin out of the shoreline impact zone and providing ground cover reinforcement to better manage the run-off on the site.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.It is the homeowners’ intent to be responsible stewards of the local environment and neighborhood. They want to improve the existing conditions on the site as best as possible within the constraints historically present on the site.
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.
