01. Environmental Services 09. Variance Application Permit # 2306042, App. # 20970, UID # 66390
App. Status: Approved
Crow Wing County
322 Laurel St. Ste 15
Brainerd, MN 56401
 

Property Information

:
Are you the property owner? No
Landowner Contact information:
Name:
Charles Smude
Phone:
(218821 - 2281
Email Address:
chiller7283@gmail.com
Mailing Address:
23098 County Road 2
Brainerd MN 56401

Authorized Agent

Authorized Agent Contact Info:
Name:
Charles Smude
Phone:
(218821 - 2281
Email Address:
chiller7283@gmail.com
Mailing Address:
23098 County Road 2
Brainerd MN 56401
Please attach signed authorized agent form:

Required Information

Please provide info about your existing septic system: Not Applicable
If septic is proposed or being upgraded, is septic design on file with CWC? Not on file
Did you attend a Development Review Team (DRT) meeting? Yes
To submit septic information, please choose file(s) and click the black button:

Project Specifics

Please indicate type of variance(s) requested:
Lake / River Setback
Please explain your request:
We are requesting a variance to be able to build closer to the ordinary high water/wetland line on the north side of the property.
Is survey already on file with Crow Wing County? Yes
If not on file, please attach survey:

Findings of Fact

1. Is the variance in harmony with the purpose and intent
of the Ordinance?
Yes, the variance we are requesting is in harmony with the ordinance to the best of our abilities using the property and space available in the most practical way we are able.
By placing the septic furthest from the lake and wetlands and building pole building within the building envelope the best space available for the house is where we are proposing.
2. Is the variance consistent with the Comprehensive Plan?
Yes, we are using the space available to the best of our ability due to the properties unique outline/layout.
3. Is the property owner proposing to use the property in a
reasonable manner not permitted by the Land Use
Ordinance? Why?
Yes, we are using the space available to the best of our ability due to the properties unique outline/layout. We have placed the house as far to the south line of property, furthest from the wetline as possible and 75 ft fro the lake. We made the house longer and narrower to best fit the situation. Placing the sewer as far away from the wetland as possible is also apart of our plan.
4. Is the need for a Variance due to circumstances unique
to the property and not created by the property owner?
Why?
Yes, the property has wetland on the north side of the property being considered ordinary high water, which creates very limited space for building. With the 75ft set back and the lot is only 100 ft wide it creates unique situation.
5. Will the issuance of a Variance maintain the essential
character of the locality? Why?
Yes, we are asking to get closer to the high water line.However, we do not plan to alter anything with the wetland/high water only to get slightly closer for building purposes while abiding by the 75 ft set back from the actual lake and placing other components further away within building envelope.
6. Does the need for a Variance involve more than
economic considerations? Why?
No, we eventually plan to build a family home.
Is this an after-the-fact application? No

Terms

Terms & Conditions
    1. Approval or denial of applications is determined by the Planning Commission/Board of Adjustment or the County Board of Commissioners at a Public Hearing meeting per Minnesota Statute 394 and the Crow Wing County Land Use Ordinance.
    2. Land Use Permits and Individual Sewage Treatment System Permits are valid for two (2) years unless Septic Permit is to upgrade your systems, which is then valid for ten (10) months.
    3. All corners of the proposed structure(s) need to be staked with visible flags, ribbon, or lathes prior to onsite inspection by Crow Wing County.
    4. It shall be a violation of the Crow Wing County Land Use Ordinance to commence construction before the application is approved by the Planning Commission/Board of Adjustment.
    5. The property owner or authorized agent may make application for a variance, conditional use permit, land use map amendment or plat agreeing to do such work in accordance with all Crow Wing County Ordinances. The property owner or authorized agent agrees that the application, certificate of survey and other attachments submitted herewith and which are approved by Crow Wing County are true and accurate. The property owner or authorized agent agrees that, in making the application for a variance, conditional use permit, land use map amendment or plat, the property owner grants permission to Crow Wing County, at reasonable times, to enter the property to determine compliance of the application with applicable ordinances and/or statutes. It is the property owners sole responsibility to contact other localities to ensure compliance with all relevant local, county or State law.
    6. After a complete application is submitted, an on-site inspection may be conducted, and the application is reviewed. Changes to a project may require the application to be tabled at the Public Hearing.
    7. The septic installer shall notify the Crow Wing County contracted inspector, Greg Kossan 218-839-2206, a minimum of twenty-four (24) hours before covering of any portion of the septic installation. Changes from the approved septic design will require approval by the County prior to construction.
    8. Septic systems deemed to be failing by a qualified inspector need to be upgraded within ten (10) months. Septic systems that are deemed a risk to public health shall be upgraded and/or replaced as soon as possible.
    9. Permits for a new septic system or for upgrades associate with an addition are valid for only two (2) years.
    10. Applicants are responsible for getting all applicable entrance permits from the appropriate road authority.
    11. Applicants acknowledge that they are in compliance with MN Contractor Licensing laws per MN Statute 326B.85.
    12. Applicants acknowledge that they are in compliance with MN Statute 326.121 subd. 1 which states: The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, repair, use of buildings and other structures of the type governed by the code.
    13. If you are doing excavation work, we are required to notify you of Minnesota Statute sections 216D.03 to 216.07.

Invoice #39117 (08/16/2023)

Charge Cost Quantity Total
Non-Taxable
added 08/16/2023 2:55 PM

$46.00 x 1 $46.00
added 08/16/2023 2:55 PM

$500.00 x 1 $500.00
Grand Total
Total $546.00
Payment 08/16/2023$546.00
Due$0.00
Action: Print  

Approvals

ApprovalSignatureOptions
ApplicantCharles Smude - 08/16/2023 2:56 PM
cc3a7273136d9ff15021abe162327e8e
bb22493e84da4670970c6ac56a387c9b
 
#1 Environmental Services Staff (Reviewed)Nicole Hausmann - 08/16/2023 3:34 PM
1f3035ef0e8a4fbc8c813e652c0e55ea
81361a31ae9ac0634f7c6080eaefa58f
 
#2 Board ApprovalNicole Hausmann - 09/22/2023 2:48 PM
72aca1ec2acf0138a32cc57cdc0fe06f
2416380255a0915e0dc8c6ade4c0259c
 
Application has been approved. All signatures have been obtained.
Text:
09/22/2023 - Variance approved by PCBOA with conditions. NLH
File(s):
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