4.1. BASR 04-24-2018 - Laserfiche WebLink

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ground, above ground and on-ground pools; hot tubs; spas and fixed-in- place wading pools. 20. The definition of Structure set forth in Chapter 30 of the City Code includes in- ground swimming pools, as they are constructed in place, require permanent location on the ground, and attach to plumbing and pool equipment that is permanently located on the ground. 21. The Minnesota Building code, which is incorporated by reference in Chapter 30 of the City Code, clearly states that swimming pools of any type are a structure. 22. Pursuant to the definitions set forth in Chapter 30, “Private Recreational Facility” and “Accessory, use, structure or building”, an in-ground swimming pool not open to the general public and not operated for profit is an accessory structure that is subordinate to and serving the principal use, single-family residential, and structure, the home, on the same lot. 23. The W&S Ordinance includes standards set forth in state law intended to regulate the subdivision and use of land within the W&S District to conserve the shorelands of public waters and thus preserve and protect existing natural, scenic, historical, scientific, and recreational values, reduce the effects of overcrowding and poorly planned development of adjacent lands, prevent pollution, preserve natural beauty and quietude, maintain proper relationships between various land use types, and prohibit new uses that are inconsistent with the statewide standards (City Code Sec. 30-2073) 24. Section 30-2076 of the W&S Ordinance describes the impacts of the additional standards as they relate to existing land use controls. The section states: Sec. 30-2076. - Effect of division on existing land use controls. It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or land use controls. However, where this division imposes greater restrictions, the provisions of this division shall prevail. In case of conflict between provisions of the 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. (emphasis added) 25. Section 30-2132(a) of the W&S Ordinance regulates the placement of structures within the W&S District and states: 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. (emphasis added) 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: