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.
Kevin
Heise
6701 Flemming Rd
Prior Lake
MN
55372
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kheise@integra.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
305-0010-03555
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
Kevin Heise
6701 Flemming Rd
Prior Lake
MN
55372
(952)237-4707
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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.
Kevin Heise
6701 Flemming Rd
Prior Lake
MN
55372
kheise@integra.net
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
8837 Munger Shaw Rd Cotton, 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?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.1
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 are asking for a 12 foot variance from the 100' shoreline setback ordinance on an addition to a principal structure. This would be a variance from section 3.4 Shore Setback for Recreational Development Lakes. Our concerns: 1- removing as few trees as possible; 2- maintaining the current cabin, we appreciate the history and hand-construction; 3 - not wanting to move the power lines (also requiring the removal of more trees)
Describe the intended/planned use of the property.The goal is to maintain the cabin roof lines and add on as simply as possible. This variance is for a 12' x 14' or 168 sq ft porch (covered deck) on the lake-shore side of the existing cabin. The cabin is currently 100' from the lake shore. We are asking for add a 12 foot structure which would put us 88 feet from the lake. This will stay a private homeowner seasonal and recreational vacation use property.
Describe the current use of your property.Private homeowner seasonal and recreational vacation use
Describe other alternatives, if any.Our other alternative would be to have the cabin moved. This 22' x 22' 1949 cabin is on posts in a partially cleared area surrounded by forest. If we were to end up having to move the cabin, we would need to clear out many trees and have the electrical line moved as well which would entail the clearing of many additional trees. Moving the cabin, power lines, and clearing the trees would add significant cost to our project along with having a substantial environmental impact.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?A large majority of cabins and home on this small lake are closer than the 100' setback. We have photos of a half a dozen examples, both older and newer, seasonal and year round, which are available to view if requested. Even if a 12 foot variance is granted and we have an 88' setback, we will still be further off the shoreline than many other properties on Pioneer Lake. Our addition would not look unusual or out of place and we would actually be improving the overall look and value of the property.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.There should be no affect or impact at all on neighboring properties with granting this variance. In fact, the opposite would be the case if we need to move to our alternative plan of moving the cabin. We would be clearing more trees and be moving the cabin closer to the year round neighbors to our south.
Describe how negative impact to the local environment and landscape will be avoided.By being granted a 12' variance will actually have the least amount of impact to the environment and landscape. This cabin on posts, which the additional will also be, is on a very gentle slope allowing for natural water runs. If granted this variance, we will only need to take down a few trees, some of which are already dead, and we will not have to clear an entire area for a new power line.
Describe the expected benefits of a variance to use of this property.The variance will maintain current forest and land. Views will be maintained for us and for all neighbors. There will be no affect of natural water run-off. Electrical lines can stay and no need to clear trees for a move
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.In summation, a 12' variance from the 100' lake shore setback ordinance would be the least environmentally impactful, most neighbor consideration respectful, retain and respect the original 1949 owner's vision for the property and be the simplest and the most cost effective option for us. Following these current building plans will enable us to use our septic design and septic permit recently issued by St. Louis County. Thank you for your consideration.
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.
kheise@integra.net
I have read and agree to the statement above.
