4.1. BASR 04-24-2018 - Laserfiche WebLink

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N:\Departments\Community Development\Planning\Case Files\V\V 18-03 Allen\4-Planning Commission\SR Allen Appeal.docx Minnesota Wild and Scenic Rivers Act or Minnesota Rules, and provisions of existing ordinances, or some other law of the state, the more protective provision shall apply. The above section clearly states that additional setbacks Division 13 applies to properties with the W&S District may be more restrictive, and that those standards shall prevail when applying the setbacks as defined. The W & S District includes ordinances that regulate the placement of structures, and reads as follows: Sec. 30-2132. - Placement, design and height of structures. (a) Placement of structures on lot; setbacks. When more than one setback applies to a site, structures and facilities shall be located so as to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewage system setbacks from the ordinary high-water level in the Mississippi wild and scenic river district shall be as follows: a. Setbacks in Sections 33 and 34, Township 33 North, Range 26 West: 1. Structures: i. Unsewered: 75 feet. ii. Sewered: 50 feet. 2. Sewage treatment system: 50 feet. b. Setbacks in wild and scenic river district not in Sections 33 and 34, Township 33 North, Range 26 West: 1. Structures: i. Unsewered: 100 feet. ii. Sewered: 100 feet. 2. Sewage treatment system: 50 feet. The provisions set forth in Section 30-2132 are mandated by the state and provide that all parcels located in the W&S District do have additional setback requirements that are more restrictive than those described elsewhere in the zoning ordinance. The required setbacks apply to all structures, principal or accessory, and require an in-ground swimming pool to be setback 100 feet from the OHW of the Mississippi River. An in-ground swimming pool is a structure pursuant to both the zoning and building codes adopted by the City of Elk River and, when located within the W&S District, must comply with the 100 foot setback requirement, regardless of whether or not the structure or parcel is sewered. MnDNR Official Response On April 6, 2018, the city received a response from the DNR addressing Ms. Allen’s appeal. The response states that an in-ground pool is a structure based on the following reasonable measures:  It requires design engineering to withstand side wall forces  It requires excavation and the construction of footings, walls and the installation of electrical and plumbing systems in the ground, similarly to the construction of a basement.  It is an impervious surface. It does not infiltrate water but creates runoff.