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
250-0020-01405
250-0020-01409
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
BULLIS, BRENT & JUDY
9507 SKY LANE
EDEN PRAIRIE
MN
55347
(952)232-8346
ben0816.1@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.
BULLIS, BRENT & JUDY
9507 SKY LANE
EDEN PRAIRIE
MN
55347
ben0816.1@gmail.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
8940 RAPS ROAD
COOK, MN 55723
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.2
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:NEW HOME CONSTRUCTION
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.Please see the attached written SBAR drafted 3/29/2025. We are requesting a vaiance to allow a small portion of the back of our newly constructed home to exceed the height ordinance limit of 35 ft.Due to the unreasonable hardship of steep slope and elevation leading to the build site. Our request meets the three factor test for practical difficulty Minn. Stat 462.357 sub 6
Describe the intended/planned use of the property.Permanent retirement home primary residence. Please see submitted written SBAR drafted 3/29/2025.
Describe the current use of your property.Please see submittal written SBAR drafted 3/29/2025 which addresses this topic. The current use of our property is seasonal use for recreation and family activities from late spring to early fall.
Describe other alternatives, if any.Please see submittal written SBAR which addressed the other alternatives. in short, there are no feasible or reasonable alternatives. Property owner could build homes instead of one on the property which would not be of benefit to the neighbors, lake, Raps Road community, county, DNR or the property owners.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?Please see submittal written SBAR drafted 3/29/2025 which addresses this topic. The home as proposed will fit perfectly on the property and into the existing character of the neighborhood and area of the lake given the natural tree cover, nearly 8 acres of land and 433ft of lakeshore. The home will largely be obscured and not visible from lake due to the large amount of tree cover on the property. The property will only have two dwellings whereas adjacent properties have double the dwellings and 1/3 to 1/4 of the acreage and lakeshore
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.Please see submittal written SBAR drafted 3/29/2025 which addresses this topic. The variance will have no negative impact on the neighboring properties. The approval of the variance will have a positive impact on the neighborhood in that only one home rather than two homes will be built on our property.
Describe how negative impact to the local environment and landscape will be avoided.Please see submittal written SBAR drafted 3/29/2025 which addresses this topic. The height variance approval will reduce the negative impact to the local environment and landscape by not only reducing harmful water runoff into the lake,but also eliminating the need for the destruction and undesirable alteration of the existing topography and natural cover and beauty of our property.
Describe the expected benefits of a variance to use of this property.See answer to #7. Please see submittal written SBAR drafted 3/29/2025 which addresses the known and expected benefits of the variance to the use of the property. A few of the main benefits include: 1) reduction of harmful runoff into the lake 2) property owner will only build one home rather than 2 homes and 1 or 2 boathouses on property 3) maintenance of natural beauty and tree cover and vegetation and natural topography of the land/property.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.Please see submittal written SBAR drafted 3/29/2025. Our request is extremely reasonable and has no negative effects. The request completely adn entirely fulfills the three factor test for practical difficulties required by Minn. Stat 462.357 subd. 6. The request for variance will not be appreciated or noticeable from the lake or other properties. The request relates to an extremely small portion of the back of our home. In return for the approval of the requested variance, we are waiving our ability to build multiple dwellings on our property.
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.
