Application 21-001016: 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.

Middle Name:--

Last Name: Field is required.

Address Line 1: Field is required.

Address Line 2:--

City:

State/Province: Field is required.

Postal Code: Field is required.

Business Phone: Field is required.

Mobile Phone:--

Home Phone:--

Fax:--

Email Address: Field is recommended.

Preferred Contact Method: Field is required.

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.

485-0010-04565

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.

Nghi Nguyen

Address Line 1: Field is required.

5083 SW 68th Street

Address Line 2:--

City:

Owatonna

State:

Zip:

55060

Primary Phone: Field is required.

(507)456-1091

Cell Phone:--

Fax:--

Email:nguyenstriplets@gmail.com

Contact Person Name: Field is recommended.

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:

Nghi Nguyen

Address:

5083 SW 68th Street

City:

Owatonna

State/Province: Field is required.

Zip:

55060

Primary Phone:--

Cell Phone:--

Fax:--

Email:

nguyenstriplets@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:2793 Wikstad Road Duluth, 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?

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 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 recent application for the deck revealed the garage is less than 150' from the required set back from French River (exhibit A as given by Mr. Ecklund). This distance was confirmed by planning member on 7/7/2021 that the garage is about 125' from the river. We are requesting for the approval of the variance after the fact to allow the garage to remain in its current location. The garage is a clerestory pole shed with posts imbedded below the frost line. At the time of the construction of the garage, reasonable effort had been made to ensure its distance is within the limited high ground for the property as well as meeting the required set back. Also, exhaustive effort has been made by means of communication and consultation with the then manager Physical Div of St Louis Co . Mr. Scott Smith and other members of the planning committee (as in original variance request-exhibit B: Doc No. 01123823) to ensure its approximate location before the physical building was erected. I have discussed with the closest neighbor-Jake/Sierra Anderson, about the potential impact of this building site as well as the encroachment the garage with less than 150' to the river. They have confirmed of the no impact as in the attached signed letter-exhibit C). Considering all factors, this is the only upland ridge for building site for the single family dwelling without impacting wetland or causing main structure to be less than the approved variance. Note: It was noted also the small shed is within the 150'. I have confirmed with Mr. Ecklund that the shed will be moved to the other side of the driveway. This will not impact any of the current ordinances

Describe the intended/planned use of the property.

This property is designated as residential and the construction of garage and the main structure will be used as main resident when complete.

Describe the current use of your property.

Construction of the main residence is in progress (we are building this ourselves). The garage is complete and the main residence is on progress.

Describe other alternatives, if any.

No other uses of this property beyond the residential/home.

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

The area is heavily wooded and designated as residential and will not be visible to the public. All structures being built with efforts to ensure minimal to no impact to the wetland/surrounding environment beyond the approved variance and within the limit of the upland area identified by Mr. Scott Smith. This request is for the approval of the garage "as is" with less than the required set back. We have made every effort to maintain excellent vegetative screening area between the garage to the French river. Given the distance to the next neighbor along with the heavily wooded landscape, it will not change or alter the character of the neighborhood (see attached letter from Jake/Sierra Anderson-Exh C). All reasonable efforts and thoughts were being weighed to maintain the natural state of the area. As shown in exhibit D, the nearest neighbor is over 600' to the north and will not be visible given the density of vegetation/plants/trees.

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

Exhibit D shows the relative locations of the nearest residents (over 600' away). The location of this property is very remote with limited development and will not be impacting nor will be visible to other residents. Also, the heavily wooded surrounding allows the site to blend in perfectly. This property is at end of the easement low maintenance driveway with no other public access or near main roads. The approval of the "variance after the fact" for the current location of the garage will not impact neighboring properties due to vegetative buffering to the river. The wooded surrounding will help maintain the remoteness of the property to its neighboring properties.

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

This variance after the fact application is requesting for the garage to remain at its current location. We currently maintain the vegetative/trees buffer to the river since the garage was erected and have no intention of altering it further. Also, the driveway and turn around area in front of the garage is graded to slope away from the river to maintain the integrity area. The remoteness of the property along with density of the wooded surrounding, will not impact local environment.

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

The approval of the variance after the fact will keep the garage at its current location. The limited upland availability of area to relocate the garage could cause unintended impact to the area/environment beyond the upland ridge as identified by Mr. Scott Smith.

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

The unique land topography with a narrow strip of upland is the only building site where the main residence and the garage are located on. Exhaustive effort has been put forth to ensure compliance with land use requirements without impacting wetland and the surrounding. We have maintained the vegetative/trees buffering from the upland to the river. Efforts have been made to ensure the adjacent properties are not negatively impacted. During the process of placement of building locations including the variance approval and extraordinary effort consulting with the St Louis Co,... demonstrated the intent to comply to all requirements. We have limited access to technology at the time to ensure the exact location of the garage to the closet edge of the river and have resorted to the manual tape measurement method, which may have introduced the error. With the included facts, we are requesting for approval to "variance after the fact" to allow the garage to be at its current location.

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:--

Address:--

City:--

State:--

Postal Code:--

Email Address:--

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