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<br />N:\Departments\Community Development\Planning\Case Files\V\V 18-03 Allen\4-Planning Commission\SR Allen Appeal.docx <br />something having a permanent location on the ground. When a structure is divided into separate parts <br />by an unpierced wall, each part shall be deemed a separate structure. <br />The city ordinance also adopts by reference the 2015 Minnesota Building Code, which defines a <br />structure as: Structure. That which is built or constructed. <br /> <br />The Minnesota Building Code further defines Swimming pool as: Swimming Pool. Any structure intended <br />for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This <br />includes in-ground, above ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools. <br /> <br />In-ground swimming pools are constructed in place having poured or constructed walls below grade to <br />retain the surrounding soils. In-ground swimming pools are also connected to pipes which are used for <br />heating and filtering the pool water. These pipes are below grade and connected to equipment placed on <br />the ground near the pool. In reading the definition of structure within city code, an in-ground swimming <br />pool is permanently located on the ground and attached the pool equipment, which is permanently <br />located on the ground. <br /> <br />The definition of swimming pool used by the Minnesota Building Code clearly states that an in-ground <br />swimming pool is a structure. <br /> <br />Additionally, city ordinances define private recreational facilities as a permitted accessory use within the R-1 <br />residential zoning districts. These are described as: Private recreational facility means a building, structure or <br />open space designed as an accessory recreational use to a permitted principal use. Private recreational <br />facilities include such uses as swimming pools and tennis courts and are not open to the general public <br />and not operated for profit. <br /> <br />Based on the definition of private recreational facilities an in-ground swimming pool (structure) is a permitted <br />accessory use as it is subordinate to and serving the principal use of the property – single-family <br />residential. <br /> <br />Based on the definitions described by the City of Elk River Zoning Code and the Minnesota Building <br />Code, and defined above, an in-ground swimming pool is a permitted accessory structure. <br /> <br /> <br />Does Sec. 30-2132 apply to all structures in the W&S District, including an in-ground swimming pool? <br /> <br />The Wild and Scenic River District is located within Division 13 of the city’s zoning ordinance (Chapter <br />30, Article VI. – Zoning). The City is required by Minnesota Statutes, Chapter 103F, and Minnesota <br />Rules, Part 6105 to designate the W&S District and to adopt the Wild and Scenic River Protections <br />incorporated in Sections 30-2071 through 30-2152 of the City Code of Ordinances. <br /> <br />The Division includes additional standards (setbacks, lot size, lot width, etc.) and their impacts and <br />relationship to land use controls specified elsewhere in the zoning district are defined within Sec. 30-2076. <br />Sec. 30-2076. - Effect of division on existing land use controls. <br />It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, <br />deed restrictions, or land use controls. However, where this division imposes greater restrictions, <br />the provisions of this division shall prevail. In case of conflict between provisions of the