4.1. BASR 04-24-2018 - Laserfiche WebLink

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City of Elk River Board of Adjustments Resolution 18-____ A Resolution Regarding the Denial of the Zoning Appeal Application Submitted by Jessica Allen Regarding the Decision to Deny a Building Permit for the Construction of an In-Ground Swimming Pool within the 100 Foot setback from the Ordinary High Water Level of the Mississippi River Required under Section 30-2132 of the Elk River City Code. WHEREAS, Jessica Allen (“Applicant”), has appealed (“Appeal”) the decision of the City of Elk River (“City”) to deny her request to construct an in-ground swimming pool within 100 feet of the ordinary high water level (OHW) of the Mississippi River (Case No. V 18- 03); and WHEREAS, the record in this matter shall include all of the materials submitted to the Board of Adjustments in connection with the March 26, 2018, Appeal, including the staff reports and all attachments thereto, all other written materials submitted to the Board of Adjustments, and all staff presentations and other public testimony taken at the public meetings considering the Appeal, all of which is incorporated and made a part of the findings of fact and this resolution; and WHEREAS, the Board of Adjustments held a public hearing on April 24, 2018, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Appeal; and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the Board of Adjustments; and WHEREAS, the Board of Adjustments, at the conclusion of its April 24, 2018, public hearing on the Applicant’s Application, considered and discussed the Appeal. NOW, THEREFORE, the Board of Adjustments of the City of Elk River makes the following findings of fact and decision with respect to the Appeal of Jessica Allen from the City’s decision to deny the construction of an in-ground swimming pool within 100 feet of the OHW for the Mississippi River.