
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.
David
Gierok
1750 Anderlie Lane West
White Bear Lake
MN
55110
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651-324-4441
davegierok@comcast.net
Any
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
250-0110-00300
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
David and Denise Gierok
1750 Anderlie Lane West
White Bear Lake
MN
55110
(651)653-3714
davegierok@comcast.net
David Gierok
(651)324-4441
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
David and Denise Gierok
1750 Anderlie Lane West
White Bear Lake
MN
55110
(651)653-3714
davegierok@comcast.net
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2846 Vermilion Drive Cook Minnesota 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?
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.
3
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 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 want to tear down our old garage combined with a accessory structure and move it W/SW up to 8 feet and replace it with a new garage combined with an accessory structure in the attic. It is difficult to comply with the county ordinance of a 10' setback requirement because if we were to move it North we would infringe on the current space used for parking, recreation, and recreational vehicle turn around. The dimensions of the new building are 24' deep by 40' in length by 24' in height, which is the same as the current footprint.
Describe the intended/planned use of the property.
The intended use of the structure is a garage with combined accessory structure in the attic that will not include a septic, kitchen, or bathroom facilities. This will increase the size and storage capacity of the garage on the ground level and allow us to increase the size of the bonus/recreation room, which will be in the attic.
Describe the current use of your property.
The current use is a garage with combined accessory structure that does not include a septic, kitchen, or bathroom facilities. We park one car and one boat on trailer in there. The bonus room is currently located on the ground floor and is used for storage.
Describe other alternatives, if any.
We believe there are not other alternatives. It is difficult to continue using this structure because the stability/integrity of the structure has been compromised and continues to deteriorate. We need to move it because it currently sits on an unstable retaining wall base. This has caused the cement slab to crack and deteriorate, allowing the trusses to warp. This has compromised the foundation of the structure. In addition, the location of the cement block foundation is not below the frost line, and along with inadequate grading, is contributing to the instability of the structure and causing the wood to rot and the garage door to freeze shut. The roof needs to be redesigned because it is unsafe when large amounts of snow and ice unexpectedly slide off. It would be impossible to fix the current roof because the trusses holding it up are compromised.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?
If approved, the proposed use will not be different from the current use of the building. It will improve the aesthetics of the building. It will match the color and style of the main dwelling. It will also move the structure farther away from the neighbor's main dwelling structure, which is currently less than 2' from our shared property line. It will fit in with the character of the neighborhood because neighbors on both sides have additional structures on their properties as well.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.
Neighboring properties will be impacted in a positive way because the structure will be moved farther away from their main dwelling building. We will have more space for storage and parking vehicles inside the garage. The aesthetics will improve as the current building is unsightly with peeling paint and rotted wood.
Describe how negative impact to the local environment and landscape will be avoided.
Negative impact will be avoided because we will not need to remove any large trees. The current landscaping of the retaining wall and large rock berm will not be disturbed or altered. The tear down materials will be recycled whenever possible.
Describe the expected benefits of a variance to use of this property.
We currently have a large unsightly structure, and that for the various reasons mentioned above, is not being optimally used. The new garage with accessory structure will provide additional space negating the need for a boat house. It will help us avoid parking our vehicles, boat and/or trailer along the side of the existing building. It also allows for more storage and recreational space to accommodate our growing family. It will increase the value of our property.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.
As newly retired we are spending more time at the lake and are considering residing here full time. We have found the need to improve the availability of space for better multi-seasonal family and storage use.
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.
David Gierok
1750 Anderlie Lane West
davegierok@comcast.net
I have read and agree to the statement above.