Application 22-000300: Record Inquiry

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Planning and Zoning: Land Use

Inquiry Results

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT

Duluth

Virginia

Government Services Center

320 West 2nd Street, Suite 301

201 South 3rd Avenue West

Duluth, MN 55802

Virginia, MN 55792

(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.

First Name: Field is required.

Timothy

Middle Name:--

Last Name: Field is required.

Eichholz

Address Line 1: Field is required.

9949 Cavell Ave S

Address Line 2:--

City:

Bloomington

State/Province: Field is required.

Postal Code: Field is required.

55438

Business Phone: Field is required.

Mobile Phone:--

Home Phone:--

Fax:--

Email Address: Field is recommended.

timothy.eichholz@yahoo.com

Preferred Contact Method: Field is required.

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

Enter the Primary PIN and Associated PIN (if applicable) of the property to be reviewed.
PIN is found on your Property Tax Statement. For example, 123-1234-12345. Primary PIN: Parcel where Structure/SSTS are located. Associated PIN: Additional and/or adjacent property that you own or that is related to the project.
County Land Explorer: https://www.stlouiscountymn.gov/explorer
Property Lookup: http://apps.stlouiscountymn.gov/auditor/parcelInfo2005Iframe

Primary PIN Field is required.

250-0030-03240

Associated PINs

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.

Enter Applicant Information

I am a:

Landowner

Applicant Name: Field is required.

James Eichholz

Address Line 1: Field is required.

725 4th Street S

Address Line 2:--

City:

Virginia

State:

Minnesota

Zip:

55792

Primary Phone: Field is required.

(612)481-1968

Cell Phone:--

Fax:--

Email:--

Contact Person Name: Field is recommended.

Contact Person Phone: Field is recommended.

Mailing Address Information.
This address can default from the address you selected. If the values defaulted are not correct, please enter the correct information.

Same as Applicant address?Yes

Name:

James Eichholz

Address:

725 4th Street S

City:

Virginia

State/Province: Field is required.

Minnesota

Zip:

55792

Primary Phone:--

Cell Phone:--

Fax:--

Email:

Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.

Is there a site address for this property? Field is required.

Yes

Site Address:8933 ELBOW LAKE N COOK 55723

Is this leased property?No

Leased From?--

US Forest Service

Superior National Forest

8901 Grand Avenue Place

Duluth, MN 55808

MN Power

Shore Land Traditions

30 West Superior Street

Duluth, MN 55802

MN DNR, Area Hydrologist

7979 Highway 37

Eveleth, MN 55734

MN DNR Land and Minerals

1201 East Highway 2

Grand Rapids, MN 55744

St. Louis County - Duluth

Government Services Center

320 West 2nd Street, Suite 301

Duluth, MN 55802

(218) 725-5000

St. Louis County - Virginia

Land and Minerals

7820 Highway 135

Virginia, MN 55792

(218) 749-7103

Do you have written authorization from the leased property owner?
If Yes, you must attach written authorization form.

How is the property accessed?

Public Road

Private Road

Easement

Water

Other

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?

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.

Total # of bedrooms on property after project completion.

Does this project include plumbing or pressurized water in proposed structure?

If Yes, please explain:

Is this project connected to a municipal or sanitary district system?

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 reference the attached file Area Maps showing Areas 1-3 when necessary. We are asking for a variance because the best area to build on this lot would be in Area 1. This is due to wetlands and steep grade changes in Areas 2 and 3. Building in Area 1 would have the least environmental impact which will be explained in section 6 of the application. Area 2 is on a very steep grade hill and butts up against our neighbors property line. The hill/bluff would make this area very difficult to build due to the steep grade of the hill we would have to haul materials up and down. There is also a safety concern, a cliff with a 15 foot vertical drop which poses risk to us, our family, and friends. Building in Area 2 puts us closer to our neighbor. He would like to keep his land and cabin private and we would like to respect his privacy. Building in Area 3 would have a larger environmental impact due to the wetlands, as well as quick grade changes in this area. After reviewing all options we determined Area 1 would have the least environmental impact and no steep grade changes. The 2011 survey showed a 14’ by 46’ buildable area. We planned to ask for a variance to allow a 99’ setback so we could build a 16’ by 30’ building with 14’x16’ room attached. We had the land resurveyed in 2021 we found out that the buildable area was only 12’ wide by 30’ bottlenecking to 10’ wide by 20’ long, which has forced us to encroach 2 feet into the setback. A 98’ setback would allow a 16’ by 30’ building with a 14’ by 16’ room built onto the back of the building. The structure would be approximately 34’ in height allowing for a second story. We have opted to build a room onto the back instead of asking for a larger set back. This will cause other difficulties with construction and maintenance, but we are going to build a longer structure in an attempt to better adhere to the ordinance while simultaneously attempting to provide space that is more practical and better suited for our needs.

Describe the intended/planned use of the property.

We intend to use the property as a cabin in which we would spend many weekends in the spring, summer, fall and possibly some in the winter as well. The cabin is for friends and family to enjoy recreational activities. This cabin will be for personal use.

Describe the current use of your property.

Currently the land is being used for hunting but otherwise is just raw land without any other use.

Describe other alternatives, if any.

Other alternatives mentioned in section 1 are to build on the steep hill (Area 2) or build back in the woods(Area 3). We do not see these as reasonable options due to the difficulties that were stated in section 1. These alternatives would not be as practical or enjoyable as the proposed build site and most importantly would have a larger impact on the environment. Another alternative is to bring a mobile home or camping trailers onto the land. This has been discussed with the neighbors and they would strongly prefer we do not do this, because it is not conducive to the aesthetic or integrity of the lake.

If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?

The variance would not affect any of our neighbors or the surrounding area in any negative way. The building would be reasonably sized and not detract from the integrity or aesthetic of the land or the lake.

Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.

There will be no impact on the neighboring properties with the proposed location. If we were to build in Area 2 as opposed to Area 1 we would be impacting our neighbors privacy. He would like us to build elsewhere if possible so that we are not to close to him. We would like to respect his privacy.

Describe how negative impact to the local environment and landscape will be avoided.

With the proposed building Area 1 we would have the least environmental impact. We would not have to build next to the wetland or disturb the ecosystems of the back 20 acres that butts to conservation land. If we build in Area 1 our dock would be on rocks with no impact to aquatic life. If we build in Areas 2 or 3 we would put a dock on the sandy beach area which is full of lily pads and other water plant life. When we bought the property the point had already been cleared for building. Although small trees grew back over Area 1 since being cleared in 2011, the trees that grew back were mostly balsam trees that are currently considered a hazard to the forest because of spruce budworm bug which kills balsam trees making these areas more susceptible to forest fires. We cleared these trees out and saved the non-balsam trees to help persevere the forest on the property. Area 2 is close to a cedar swamp that we don’t want to disturb and has not been impacted by humans since it was privately purchased in the 1930’s. There are also large amounts of moss and lichen in Areas 2 and 3, that we want to preserve from human traffic in these areas. I have been on the lake for 33 years and have not seen moss and lichen like we have in these areas before owning this property. If we are given a 98’ setback from the lake for Area 1, it would have no negative impacts on the surrounding environment compared to building in Areas 2 and 3. We wouldn’t have to cut down older trees, disturb the moss, wetlands, forest floor, or other parts of the ecosystems if we could build in Area 1 as opposed to Areas 2 and 3.

Describe the expected benefits of a variance to use of this property.

The variance for a 98’ set back in Area 1 would provide benefits by allowing for a practical structure size and shape that would better suit our needs while allowing for less environmental impact on the forest ecosystem stated in the variance application. Which includes less cutting down of trees, no impact close to wetlands, less impact on water plants, and shoreline, not close to bluffs, and hills.

Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.

We are asking to be granted a 98' setback so that we can build a 16' by 30' cabin with a 14' by 16' room attached to the back. The cabin will be approximately 34' in height allowing for a second story. Granting this variance would allow us to better preserve the environment, ecosystems, and forest on Elbow Lake. It will also provide us with a building that is practical, enjoyable, and more suited for our needs.

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?

Start Date--

End Date--

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.

Submitted By:Timothy Eichholz

Address:9949 Cavell Ave S

City:Bloomington

State:MN

Postal Code:55438

Email Address:timothy.eichholz@yahoo.com

I have read and agree to the statement above.

I agree

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ST. LOUIS COUNTY, MNPLANNING AND ZONING DEPARTMENT

VARIANCE REQUEST PERMIT APPLICATION

ST. LOUIS COUNTY, MN
PLANNING AND ZONING DEPARTMENT