Application 26-000876: 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.

Stephanie

Middle Name:--

Last Name: Field is required.

Breiner

Address Line 1: Field is required.

2194 NW 135th St.

Address Line 2:--

City:

Clive

State/Province: Field is required.

Postal Code: Field is required.

50325

Business Phone: Field is required.

Mobile Phone:--

Home Phone:--

Fax:--

Email Address: Field is recommended.

stephbreiner@gmail.com

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.

673-0050-00320

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.

Stephanie Breiner

Address Line 1: Field is required.

2194 NW 135th St.

Address Line 2:--

City:

Clive

State:

Zip:

50325

Primary Phone: Field is required.

(703)999-3463

Cell Phone:(703)999-3463

Fax:--

Email:stephbreiner@gmail.com

Contact Person Name: Field is recommended.

Stephanie Breiner

Contact Person Phone: 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.

Same as Applicant address?Yes

Name:

Stephanie Breiner

Address:

2194 NW 135th St.

City:

Clive

State/Province: Field is required.

Zip:

50325

Primary Phone:--

Cell Phone:(703)999-3463

Fax:--

Email:

stephbreiner@gmail.com

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:8265 E Rose Lake Dr. Canyon, MN 55717

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?

If Yes, please explain:

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 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.

We were informed by St. Louis County that we had exceeded the impervious allotment - including the patio & boat launch - in Sept. 2025 when I made an appointment and went to the county to discuss the possibility of building a storage shed. After attending the March 2026 Zoning & Planning Meeting, we were asked to re-submit a new proposal to reduce the impervious. After contacting Ken Maki (Owner of Arrow Asphalt in Cloquet), he suggested removing the asphalt as indicated in the attached drawing. We asked about replacing the driveway with pervious asphalt OR drilling holes into the driveway every 18 - 24” thereby making the surface pervious. Neither of these are possible in Northern Minnesota due to the extreme cold and the freezing & thawing cycles. According to Ken, the asphalt would deteriorate, the crumbling infrastructure of the asphalt would lead to structural failure and ultimately potholes and breaking apart. My Mom is in a walker/wheelchair and having a level surface is essential to her health and safety. We waited 5 years before we installed the asphalt. We had to do this when her walker was getting stuck in the soil/sand and the uneven surface of the natural vegetation was causing her to feel very unsteady and unbalanced. We then tried to push her in her wheelchair down to the dock and around the yard and she got stuck multiple times. We then decided to install asphalt, the patio and boat launch so she is able to use the cabin and enjoy the outside area as she deserves. We were unaware of any restrictions that we needed to follow. We asked if we were required to get a permit from the County for any of these projects and we were told that we were not required to pour asphalt. However, I also never asked if there was an allotment we needed to be concerned about because I did not know about this. My ignorance is not an excuse or defense. Our goal now is to find an appropriate solution that the Board approves & get our property into compliance.

Describe the intended/planned use of the property.

Our cabin is currently used as a seasonal home. However, our future plans include us possibly retiring at the cabin permanently in 4-5 years when Dave retires. My Mom and Dad owned the cabin for approximately 40 years and gifted it to us in about 2013. My Mom and I travel together frequently and we spend weeks at the lake together in the summer and fall. Without the asphalt, she cannot move safely with her walker by herself and she has gotten stuck multiple times in her wheelchair. Our cabin was built for wheelchair accessibility with no stairs, 3’ wide doors throughout the cabin, accessible showers, a chairlift so my Mom can access the 2nd floor, a railing along the dock so she can sit on the end of the dock by the water, etc. She is 87 years old and she deserves to enjoy the cabin and the lake as much as possible in a safe environment.

Describe the current use of your property.

Currently, this cabin & property is used as a seasonal family cabin. Dave and I reside in Des Moines, Iowa full time and my Mom resides in Lincoln, Nebraska full time.

Describe other alternatives, if any.

At the Zoning & Planning Meeting in March, we were instructed to drop the idea of building a shed on our property and find a storage unit instead. We have done this and started renting it on May 1st, 2026. The storage shed is no longer being considered. We also consulted Ken Maki (owner of Arrow Asphalt, who installed our asphalt in Oct. 2024), to find out if he used or knew anybody else who might install pervious asphalt or pervious pavers with the goal of possibly re-doing sections of the driveway or patio. Unfortunately, pervious asphalt is NOT an option due to the harsh climate and freezing/thawing cycles in Northern Minnesota. (He said pervious asphalt can be used in warmer climates - like in the Southern parts of the US - or in areas where the freezing/thawing cycles are not as extreme). We also asked if drilling holes every 18 - 24” across the asphalt thereby making the asphalt pervious, might also be an viable option. However, both of these options would cause the asphalt to crumble/break apart leading to potholes, crumbling infrastructure of the asphalt and ultimately structural failure. Ken was able to suggest areas where we could remove sections of the asphalt in 2 specific areas (see attached drawing from Ken Maki) and then grade/level these areas with top soil and plant natural vegetation/seed and trees in these areas.

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

The variance we are requesting will definitely fit in with the neighboring properties/area. The property directly to the east of our cabin was granted multiple variances for their projects - including an asphalt driveway - and our asphalt & patio looks very similar and appropriate. The neighboring property directly to the west of our cabin is undeveloped (it is a property with trees).

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

The neighboring properties and the use of those properties would not be impacted.

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

We re-did the shoreline to help stop soil erosion. We kept as many trees as possible at the time we built our cabin and the garage. (The patio was built around a cluster of birch trees. We saved a white pine and a red pine tree that were each 90-100’ tall when we built the cabin. The builder asked us to remove them and I said no. However, we have lost about 15 - 20 trees due to storms/trees dying during the past 7 years - including the cluster of birch trees and the white & red pines). We will be planting more trees and natural vegetation when the asphalt is removed as recommended by the County. The boat launch was installed because there is no public access to our lake. We use it to launch our own boats. Without the boat launch, the divots and uneven ground resulting from driving a truck or 4 wheeler over the ground when launching the boats is unsafe and very uneven causing a safety hazard for my Mom specifically - or anybody. The boat launch was constructed with geo-grid filled with Class 5 gravel to help diminish erosion (see attached pictures).

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

Keeping the asphalt will allow us to keep my Mom with us as long as possible. She will be able to go down to the dock to sit in her “loon chair” (as she calls it) so she can have coffee with the loons in the morning, read books by the water, get on our pontoon boat and go for rides around the lake, and chat with friends/neighbors who are out on the lake and stop by our dock. She can’t walk around the lake anymore, so having access to friends/neighbors to socialize is important for her health and well being. She often sits in her walker or wheelchair when I am out working in the yard so she is close to me and we can chat. The boat launch was built because there is no public access to our lake. Before we had the asphalt, my Mom could not get her walker/wheelchair down to the dock or to the fire pit or to the outside dinner table because of the divots, tracks from trucks & 4 wheelers when we launch the boats, large puddles caused by heavy rains, etc. Not only does the asphalt make our property look cleaner, more orderly, and keeps sand and pebbles out of the house, more importantly, it is much safer for my Mom and her friends who come to visit who also have walkers and wheel chairs. The asphalt gives her a sense of independence and normalcy. The asphalt was put in after 5 years when my Mom was having more trouble accessing and maneuvering around the lake and other areas on the property.

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

Without the asphalt, my Mom has literally been “stuck” in the sand, mud, divots & ruts with her walker/wheelchair. When my Mom and I were alone at the lake, I was unable to get her to the dock, fire pit and outside dinner table safely. We tried not having asphalt for 5 years and it was getting more and more difficult and dangerous for my Mom. For her safety, health and well being, we decided to install asphalt to create a solid, level surface so she could access as much of the property in a safe manner. Because I did not know there was something called an “impervious allotment,” I did not know I needed to check with the County before we went ahead with this project. I DID ask the professionals if I was required to get a permit from the County to have asphalt poured on our property. I was told that a permit is not required to pour asphalt. However, I did NOT ask about the impervious allotment because it was not something I was familiar with. Again, my ignorance is not an excuse or a defense. Our goal now is to correct our error and find a solution that is acceptable to the County and make those changes as soon as possible. We have taken these violations/issues seriously and I have kept Skyler informed every step of the way.

IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS

Describe your reasons county zoning ordinance requirements were not followed.

Simply stated, we did not know we were in violation. We found out we were in violation when I contacted the county about the rules/regulations about building a storage shed on our property. At that time (Sept. 2025), we were informed that we had exceeded the impervious allotment. We were honestly unaware of these rules. Ignorance is not a defense - and we know that. Our goal now is to find a solution and do what is required to be compliant with the county. We will NEVER do any future projects until we get the approval from the county. We did contact the county prior to building the garage, the cabin, and when I wanted to build a storage shed. I also asked the professionals who installed the asphalt (Ken Maki) and the patio (Mason Pichetti) that they please inform customers that they should contact the county prior to the start of any projects. I do not want anyone else to commit the same error that we did.

Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.

Since we found out we had issues/violations with the asphalt, patio and boat launch, we contacted Ken Maki (who came to our home on Sunday, April 26th, 2026) to discuss any viable options to help us find a solution to our error. I have asked about drilling holes into the asphalt every 18-24” apart to see if that could make the asphalt pervious. I inquired about “pervious asphalt” and if he used it or knew of anybody who might use it and we would replace the impervious asphalt with pervious asphalt. We asked about pervious pavers for the patio as well. None of these options were possible due to the extreme freezing/thawing cycles we experience in Northern Minnesota. Ken mentioned that some southern states in the US can use the pervious asphalt because the winters and much more mild and the freezing/thawing cycles are not as extreme. Pervious materials in the harsh climate of northern Minnesota will compromise the asphalt causing pothole, crumbling and deteriorization of the asphalt infrastructure. I have kept Skyler informed of what I was working on, who I had contacted and what I was told. We have followed the recommendations of the Board by finding an off-site storage unit and we have committed to getting approval for any future projects from the County to make sure we don’t violate any other rules/regulations. We have taken this very seriously and we are committed to finding a suitable solution that is acceptable to the County.

Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.

Cost to install the asphalt (Oct. 2024): $19,000 Boat Launch install (Sept. 2024): $2,000 Patio Install (Pavers alone): $4,500 PLUS Labor costs 1st septic system installed (2019): $12,000 - found out the septic person installed it on our neighbor’s property in 2023. Had a new septic system designed and installed (2024): $14,000 In Sept. 2025, we were informed that we had exceeded the impervious allotment (asphalt, boat launch & patio). We are diligently working towards and a solution the County finds acceptable (2026). Cost to remove the asphalt (see Ken Maki drawing dated 4/27/2026): $3,500. Cost to planting new trees: Not sure. We haven’t contacted anyone about this yet.

If there was construction or repair, on what date did it begin? What date did it end?

Start Date9/1/2017

End Date10/15/2024

Who performed the construction or repair work?

Consulted with County prior to building garage (2017) Consulted with County prior to building cabin (2018-2019) **Was told Contractor would apply for permits…and he did.** Re-did shoreline (2021) Installed patio (2022) Installed asphalt (2024) **Projects completed by licensed professionals and we were told that permits were NOT required to complete these projects. We did not ask any additional questions (impervious allotment) and it falls on us - as the homeowners - to do this. We will get approval from the County for any future projects and we have asked that the professionals we used remind their clients to do the same.** Asphalt: Arrow Asphalt - Ken Maki in Cloquet Patio: True North Excavating - Mason Pichetti

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.

Submitted By:Stephanie Breiner

Address:2194 NW 135th St.

City:Clive

State:IA

Postal Code:50325

Email Address:stephbreiner@gmail.com

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