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
642-0082-00050
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
DAVIS, JEFFERSON
6236 JEAN DULUTH ROAD
DULUTH
MN
55803
(218)269-6070
bonetraumadoc@yahoo.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.
DAVIS, JEFFERSON
6236 JEAN DULUTH ROAD
DULUTH
MN
55803
bonetraumadoc@yahoo.com
Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
2591 Linwood Lake Rd
Makinen, 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.2
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.I bought my cabin in 2011, at that time the deck appeared solid. With time it became apparent that there were severe rotting issues so I decided to rehab the deck. At that time it had a very large, unusable staircase that was too steep and nearly blocked egress from the basement. I decided to make the portion of the deck that was stairs into usable deck , thereby increasing the usability of the deck and solving the egress issues below. I rebuilt the deck using the existing pillar holes that were drilled and made the deck the approximate size it was with the stairs, ending it where the stairs had ended, assuming that this had passed inspection upon the build as I was the first owner after the builder. I did not find out until 7 years later when i wanted to expand the cabin that this was not permitted an only afterI had made a considerable investment in the deck. At a later time I added a store bough gazebo to the top as it can get quite hot on the deck. This is made out of solid wood and a metal roof and securely attached to the deck with lags.
Describe the intended/planned use of the property.The property is currently used as our family cabin, but I have plans to move there permanently in the coming years upon my retirement.
Describe the current use of your property.Currently used as a family cabin.
Describe other alternatives, if any.The only other place to build the deck would place it over the septic tank.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?It would fit in nicely, the deck is done in light brown, treated lumber with brown decking in keeping with the natural colors of the outdoor space.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.I am not aware of any, in fact our neighbors routinely come over for gathering on the deck and the deck size make this a wonderful place to visit with friends without crowding.
Describe how negative impact to the local environment and landscape will be avoided.I am unaware of any negative aspects. To be truthful, the beams have served as areas for robin's nests every year and the rock around the bottom harbors many snakes, as my dogs can attest to.
Describe the expected benefits of a variance to use of this property.It gives us plenty of room for gathering with family, friends and neighbors which we have frequently. The deck is necessarily narrower due to the inability to expand laterally to avoid the septic tank.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.I truthfully did not know that the rehab of a deck needed a permit, I assumed the building on the old footprint would keep me compliant. I respectfully request that the distance allowed from the main structure be increased to 22 feet from 12 feet.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.Lack of awareness and assumption that the deck was permitted by the builder I bought it from.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.Attempting this now as soon as I found out.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.$25,000 spent on materials, time which was a substantial investment for me.
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?Self and friends in the construction business who have built decks.
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?No
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.
