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
250-0030-01720
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
Maki and Overom Ltd
31 West Superior Street, Suite 402
Duluth
MN
55802
(218)726-0805
jbray@makiandoverom.com
John H. Bray
(218)726-0805
Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.
Maki and Overom Ltd
31 West Superior Street, Suite 402
Duluth
MN
55802
jbray@makiandoverom.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
Ann Sertich and Carolyn LaSala
4302 Elbow Lake Forest Road
Orr, MN
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.No
Total # of bedrooms on property after project completion.0
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.Applicants are seeking a variance from the setback from the high water mark for this cabin. The cabin is already constructed. It was constructed by the defendant's father and the high water mark was compliant at that time.
Describe the intended/planned use of the property.Applicants would use the property and the structure as a seasonal recreational property. This is the same way the applicants are making use of the property at the present.
Describe the current use of your property.The property is currently used as a seasonal recreational property.
Describe other alternatives, if any.The cabin was partly constructed on a neighbor's property, which has since gone tax-forfeit. Applicants do not have any other realistic options. The cabin cannot be moved. A major structural element of the structure is an extremely large and heavy red pine log and it is too heavy to move. The cabin's structural integrity would not permit this.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?The area is used as a recreational area with cabins. The present and normal use is consistent with that.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.The neighboring properties will not be impacted at all.
Describe how negative impact to the local environment and landscape will be avoided.There would be no negative impact to the local environment or landscape.
Describe the expected benefits of a variance to use of this property.It will improve the value of the applicants' property and be consistent with local uses and the current use of the property.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.Applicants paid a portion of the Federal tax liens on the adjacent properties in order to be in a position to render this cabin compliant in the codes.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.Applicants' father built the original cabin himself in 1974. The structure burned down November 1998. Applicants' father obtained a building permit in early 1999 and he began construction in June 1999. Applicants' father believed he had complied with the setbacks per County requirement at the time of the new construction when he moved the new building location back from the location of the original cabin. This new building was completed in September 1999.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.The applicants' father was the original owner of the property and obtained both building permits - in 1974 and 1999. He made all construction decisions. In 1999, he measured the setback from the lakeshore. Perhaps he did not accurately do so.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.None.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?None.
Was a survey of your property boundaries obtained?No
Prior to the construction or repair work, did you speak with anyone from the Planning and Community Development Department?Yes
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.
