4.1. BASR 04-24-2018 - Laserfiche WebLink

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FINDINGS OF FACT 1. The Appeal relates to Applicant’s property located at 17815 Concord Ct NW (the “Property”), which was platted on April 30, 1997. 2. The Property is located within the City of Elk River’s (“City”) Wild and Scenic River Zoning District, which is regulated by Division 13 of Article VI. – Zoning, of Chapter 30 of the City of Elk River Code of Ordinances. 3. The City is required by Minnesota Statutes, Chapter 103F, and Minnesota Rules, Part 6105 to designate the Wild and Scenic River Zoning District (“W & S District”) and to adopt the Wild and Scenic River Protections incorporated in Sections 30-2071 through 30-2152 of the City Code of Ordinances (“W&S Ordinance”). 4. A building permit for construction of a single-family home and deck on the Property was applied for on June 12, 2001, and a certificate of occupancy for these improvements was issued by the City on November 28, 2001. 5. Planning staff reviewed the June 12, 2001, application for a building permit and initialed the Residential Site Plan Check sheet, indicating the application met all requirements, including the 100 foot setback from the OHW of the Mississippi River required by the W&S Ordinance. 6. On November 16, 2010, the Applicant purchased the Property. 7. On November 27, 2012, Gable Construction, on behalf of the Applicant, applied for a building permit to construct a four-season porch with a deck above the porch structure in the same location as the existing deck. 8. Planning staff reviewed the November 27, 2012, application for a building permit and initialed the Residential Site Plan Check sheet, indicating the application met all requirements, including the 100 foot setback from the OHW of the Mississippi River required by the W&S Ordinance. 9. The City approved the November 27, 2012, application for a building permit on December 3, 2012, and issued the building permit (No. 2012-01618) on December 21, 2012. 10. On April 30, 2013, Gable Construction, on behalf of the Applicant, applied for a building permit to construct a 14’ x 12’ deck in front of the four-season porch that had been permitted for construction by building permit No. 2012-01618. 11. City records show that Planning staff did not initial the Residential Site Plan Check sheet and did not review the April 30, 2013, building permit application. However, a building permit was approved (No. 2013-00695).