4.1. BASR 04-24-2018 - Laserfiche WebLink

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12. The April 30, 2013, building permit application shows that the additional deck is located within the 100 foot OHW setback, and is prohibited by the W&S Ordinances. 13. The City inspected and approved the post hole footing size and depth for both building permits on May 1, 2013. 14. The City inspected and approved the framing of the porch and decks on June 27, 2013. 15. Neither permit has received a final inspection and notes included for permit number 2013-00695 state the contractor came into city hall and added steps to the additional deck. 16. On February 2, 2018 the Applicant contacted the City of Elk River to discuss construction of an in-ground swimming pool and was told about the 100 foot setback requirement for all structures located within the W&S District. After speaking with the Applicant that day, staff followed up via email with more detail regarding the setback requirements applicable to an in-ground swimming pool and the Property. The email included a map showing the Property and the location of the proposed in-ground swimming pool. 17. Section 30-1 of the Elk River city code includes the following definitions: a. Structure, unless otherwise defined in another division (for example, floodplain management) as used in article VI of this chapter, means anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. b. Private recreational facility means a building, structure or open space designed as an accessory recreational use to a permitted principal use. Private recreational facilities include such uses as swimming pools and tennis courts and are not open to the general public and not operated for profit. c. Accessory use, structure or building means a use, structure or building or portion of a structure subordinate to and serving the principal use and structure on the same lot and customarily incidental thereto. 18. Pursuant to Chapter 30, Article II of The City Code of Ordinances, the City has adopted by reference the 2015 Minnesota Building Code (Building Code). The Building Code defines structure as follows: a. Structure. That which is built or constructed. 19. The Building Code defines swimming pools as follows: a. Swimming Pool. Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-