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
660-6000-56915
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
Benjamin Nadeau
4832 NW Island Lake Road
Duluth
MN
55803
(651)968-7308
bnadeau@voltalogistics.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.
Benjhamin Nadeau
20122 Fern Glen Ct N
Forest Lake
MN
55025
bnadeau623@msn.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
4832 NW Island Lake Road
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.Yes
Total # of bedrooms on property after project completion.4
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:this project will be a new home with bathrooms and sinks.
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 asking for a variance from Ordinance 62, Section 3.4 and 4.3.3 with respect to 100 ft setback from recreation development lakes. We seek to rebuild our existing cabin, which is currently setback from 20 ft from the water. Though non-conforming as is, our cabin predates the current ordinance and is a "Grandfathered" nonconforming structure. We seek to rebuild the structure with a 60 ft setback. Rebuilding the existing structure in compliance with the ordinance presents difficulties because a 100 ft setback would significantly impact the natural landscape and require significant tree removal, requires us to fill swamp and wetland areas for building, and require us to seal the existing well and drill a new one.
Describe the intended/planned use of the property.We intend to continue using the property as lake cabin/home and plan to rebuild a new structure to improve the property's overall appearance and allow increased use in the winter months.
Describe the current use of your property.Currently our property is being used as a weekend retreat during the summer month, with minimal use in the winter months. The current season nature of the deteriorating cabin hinders our ability to fully enjoy and use the beautiful lake property.
Describe other alternatives, if any.Our alternative is to leave the structure as is, 20 ft from the water. Due to the well placement and new mound site proposed by Lake Head Trucking, there is no feasible way to rebuild the structure with a 100 ft setback without significantly impacting the natural landscape and drilling a new well.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?If approved, the cabin will not disrupt the character of the neighborhood/area, but will in fact improve it. Most homes are set within 100 ft of the water. Currently our cabin is only set within 20 ft and much closer to the water than neighboring properties. With approval, we will rebuild the cabin another 40 ft from the lake. Our plan is to improve the property's overall appearance, maintain the landscape, and ensure the size and color of the new structure blend well with the surroundings and neighboring properties.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.There ill be no impact on the neighboring properties or their use with the proposed setback variance. The neighboring properties are also within 100 ft of the water, and with approval of the proposed variance, the new structure will be more conforming than the existing cabin. In speaking with the neighbors, they agree the variance will positively impact the area since a new structure will be setback further from the water.
Describe how negative impact to the local environment and landscape will be avoided.Rebuilding the structure another 40 ft from the lake itself will better preserve the shoreline and allow less risk of possible pollution and other adverse affects to the water. We currently have rip rap on the shoreline and will add to it to ensure that the shoreline is maintained. By the variance, we will avoid extensive tree removal, well relocation, and filling swamp and wetland areas. We plan to landscape the property post-construction to restore and improve the yard.
Describe the expected benefits of a variance to use of this property.The variance would allow us to build a new cabin with more amenities, which will allow use the enjoyment of the property beyond the summer months. The proposed 60ft setback will allow the construction to occur within the property's open space and allow us to avoid significant tree removal and will fill, which will preserve the natural landscape of the property and area's general aesthetic.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.We are asking that a setback variance is approved to allow us to remove the existing structure--currently 20ft from the water-- and rebuild the new structure set back 60 ft from the water. Approving the variance will avoid significant tree removal and filling a swamp areas which will preserve the natural landscape.
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.
