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
365-0010-02281
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
Kelly Powell & Kelly Wheeler
215 E 14th St
Duluth
MN
55811
(218)348-3082
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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.
Kelly Powell & Kelly Wheeler
215 E 14th St
Duluth
MN
55811
(218)348-3082
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Site Information
If there is no site address, the application will be forwarded to 911/Communications to assign one.
Yes
6514 Fredenberg Lake Rd
Duluth MN 55803
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.5
Does this project include plumbing or pressurized water in proposed structure?Yes
If Yes, please explain:Well, well pump
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.The NW corner of the garage violates the setback from the neighbor's (Patty Wheeler) property line by 10 ft. The garage is attached to the house and would be difficult to remove. The neighbor (Patty Wheeler is Kelly Wheeler's mother) acknowledged the setback violation at the time of construction and granted us permission to build the garage, knowing that it was too close to her property line (see attached letter)
Describe the intended/planned use of the property.The intended use of the property is as a single family residence.
Describe the current use of your property.The current use of the property is as a single family residence.
Describe other alternatives, if any.Other alternatives would be to potentially pursue a "no build" easement for the wedge of property upon which the encroachment occurs or for Patty Wheeler, whose property is encroached upon, to sell us the wedge of land such that the setback would no longer be an issue. The final solution, if none of the above are viable, would be to tear down the attached garage. This would cause undue financial hardship to the owners and seriously restrict marketability of the home for future resale.
If approved, how will the proposed use, with the variance, fit into the character of the neighborhood/area?In approved, the proposed use of the house and the property would not change. The house would still be a single family dwelling and the juncture and physical attributes between the two properties (PW and KP/KW) would remain unchanged.
Describe how neighboring properties and the use of those properties will be impacted by the proposed use with the variance.Neighboring properties would not be impacted at all.
Describe how negative impact to the local environment and landscape will be avoided.Lawn care will continue as it has in the past within the boundaries of the property lines. Leaf removal and care of dead tree branches will also be addressed accordingly as it has for the past three years since the structure was built.
Describe the expected benefits of a variance to use of this property.The main benefit would be a clear title such that resale of the property would be unencumbered.
Include additional comments that will clarify your request for the Planning and Community Development staff members and the Board of Adjustment.When KP and KW started designing plans for new construction, they were working within the confines of an existing structure. The architectural plan was to tear down the building but preserve the foundation and use it as part of the new construction. THe placement of the original foundation and design of the new building to include an attached garage necessitated encroachment upon the neighbor's (PW) property line. At the time PW encouraged the new construction and allowed re-surveying of the original parcel to include 170 square feet of new parcel from her land so that a building permit could be issued. KW and KP paid PW approximately $3,000 to cover the cost of this additional land needed to obtain a legal permit. This transfer of land was never recorded as a legal sale because of the family connection. There was never the thought that the house might be sold at some future date and that the transfer of land should be legalized. Now that the house is being offered for sale, then setback violation is a deterrent and thus a liability for resale.
IF YOU ARE RESPONDING TO A PERMIT VIOLATION, PLEASE ANSWER THESE ADDITIONAL QUESTIONS
Describe your reasons county zoning ordinance requirements were not followed.There was not an effort to comply with the ordinance at the time of construction because PW was in support of the construction knowing it was encroaching on her property line. Payment to PW in the form of paying construction bills to fix her leaking roof was considered by all parties (PW, KW and KP) as compensation for the 179 square foot wedge of land that the new construction encroached upon.
Describe your effort to comply with the ordinance and to obtain a land use permit and/or other required permits.We knew the garage would violate the setback requirement before construction. But again, PW was in full compliance with the new construction and it was our belief that we compensated her for the encroached upon land. We failed to follow through with a recorded deed of transfer of property.
Describe any substantial investments, construction and/or repairs made to the property before you discovered you needed a variance.(no response)
If there was construction or repair, on what date did it begin? What date did it end?
Who performed the construction or repair work?Billman's Construction of Duluth performed the new construction.
Was a survey of your property boundaries obtained?Yes
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.
