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
365-0029-00020
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
HALLBERG, DIANE MARIE
19184 ISMAY PATH
LAKEVILLE
MN
55044
(612)991-0556
dmhallberg@gmail.com
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Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
HALLBERG, DIANE MARIE
19184 ISMAY PATH
LAKEVILLE
MN
55044
dmhallberg@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
4885 BREEZY POINT RD
DULUTH, 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?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.1
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:Kitchen addition
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.We are requesting a small addition to create a kitchen and loft area. There are 3 power poles on our lot that provide power to the end of Breezy Point. This makes if very difficult to create another dwelling without harming the environment. I am a biologist and would prefer not to disturb the land or green space a great deal. There is one half dead birch tree which will be taken down that also is infested with carpenter and a small dead birch past succession that would need to be removed. No other vegetation/trees would need to be removed to add this addition as it is occupied currently by a shed and is grass on this side of the cabin. The current water comes into the cabin in the shed next to the current building. This shed would be removed and this addition would allow the current water to stay in place and not re-dig the well line to the building.
Describe the intended/planned use of the property.As entertainment and food preparation area.
Describe the current use of your property.Currently the cabin is only used May through September as it is not winterized and has limited interior space.
Describe other alternatives, if any.There is no other alternative unless we move the power poles and disturb trees and vegetation. We contacted CLP last year and they want an unreasonable amount of money and would tear down all the trees on the back lot. Additionally, we would be responsible for correcting all the power to the other neighbors which is not an equitable solution.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?It actually is the most minimally invasive and uses less greenspace than another dwelling would, along with being the most energy efficient and does not require rerouting the current well. It fits in perfectly with the area as it is only adding a small addition onto the current structure.
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 affected by this. There will be minimal noise with this small addition versus building an entire new structure a, rerouting the well and powerlines and septic.
Describe how negative impact to the local environment and landscape will be avoided.This addition does the least amount of interruption to the environment due to the small change. We are lifting the structure and repairing the underside as needed. A new slab on grade will be poured. Two local companies will be doing the work and we have requested minimal disruptions. Shelton Excavating (who did the current well and septic) will be overseeing the excavating, and Hacker Constructions will be overseeing the concrete and the building. The plan is to start after the cabin is closed for the season after Labor Day and have it closed up before the snow flies.
We will be doing the interior work ourselves the following year and are pulling the permit for the entire project (overseeing sub contractors)
Describe the expected benefits of a variance to use of this property.This will allow us to winterize the building to enable the use during all seasons and allow people to stay safer during inclement weather. When weather occurs now, we leave as there is not enough space in the structure to stay and enjoy when everyone comes inside due to the small size.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.I have spoke to Leah Berry (Environmental Specialist).
I have spoken to Peter Moeri and they are all aware of the special circumstances this property has. I have approval to tie a kitchen into the current septic. (letter attached)
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.
