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
300-6000-39300
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
Ursalyn Fena and Jerome Bakke
2562 Eskeli Road
Makinen
MN
55763
(218)591-1031
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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.
Ursalyn Fena and Jerome Bakke
2562 Eskeli Road
Makinen
MN
55763
(218)591-1031
jerrybakke@aol.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2562 Eskeli Road
Makinen, MN 55763
Yes
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.--
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 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.Applying for height variance for a home located within the Shore Impact Zone on Whiteface Reservoir. Also, for a variance to being not in compliance with the requirement of earth tone colors, which pertains not to the structure itself which is cedar tone, but to the trim and roof, as they are currently red. Difficulty is due to the fact we have started the project and have made a significant investment to improve and better the property.
Describe the intended/planned use of the property.Year around 2-bedroom residence.
Describe the current use of your property.Year around 2-bedroom residence.
Describe other alternatives, if any.None known.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?Similar to the immediate neighbor to the southwest who also has been granted a height variance. (see photographs below)
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.We do not believe it will impact the neighboring properties in any way. We have contacted nine of our neighbors up and down the shore, to inquire if any have any objection at all to what our intentions are with the addition. There were no objections whatsoever, but rather, many complimentary comments, particularly the red trim and roof.
Describe how negative impact to the local environment and landscape will be avoided.An erosion control plan to include installation of gutters on all eaves, downspouts that connect to drain piping directed to a collection area approximately 37' downgrade to the northwest, away from the back of the cabin and about 106' feet from the shoreline.
Describe the expected benefits of a variance to use of this property.A beautiful exterior appearance, as well as, more interior living space, without increasing the building footprint or, encroaching further toward the shoreline.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We are very regretful that we did not obtain a building permit in a timely fashion, and subsequently address the need for a variance up front. We are ready to work with Planning and Community Development Department to mitigate issues that have arisen from exceeding the height allowed.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.It was a huge mistake to fail to obtain a building permit (or Land Use Permit) prior to starting on this project.
In the past, when we wanted to make improvements to the property, we have first obtained permission from Minnesota Power and then went through the permitting process. We followed those requirements for the construction of a 24' x 32' garage, as well as, when we raised our home (which had been on blocks) and construct a permanent foundation (copies of those permits are attached). So, we are very aware of the rules, but in this case, forgot them in our excitement to finally resolve all of the water leakage issues and space problems that we have been struggling with for some time.
This project will give us larger rooms downstairs and better use of all of the space within the footprint. Our intent is to move two very small two bedrooms on the lower level to the dormer in the in the second story. In the process, remodeling so the space now used by two bedrooms on the lower level will allow us to enlarge both the kitchen and dining areas, add a stairway, create a small utility room to house the washer and dryer, make our home more livable and very likely increase the building value at the same time. By not increasing the number of bedrooms, we will remain in compliance with our septic permit (copy attached).
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.His answer hit the character limit. Please see #10 on the "Variance After-the-Fact" printoff.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.Cost of the trusses
Cost of the crane to place the trusses
Cost of the dimensional framing lumber
Cost of the roof sheathing
Cost of the roof materials
Cost of the sub-flooring
Cost of the sub-facia, facia and soffit materials
Cost of the log siding
Cost of the windows and a sliding glass door
Cost of the architect top design a stairway
Cost of the securement (nails, screws, etc.) and all other associated materials necessary
Cost of the labor for our employees
We have made substantial and repeated repairs to the roof
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?Myself and also three men who had carpentry skills (paid by the hour - not as contractors) and a laborer
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?No
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.
