4.1. BASR 04-24-2018 - Laserfiche WebLink

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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. 26. The provisions of the W&S Ordinance set forth above, which are mandated by state law, provide that all parcels located in the W&S District do have additional setback requirements that are more restrictive than those applicable outside of the W&S District. 27. The required setbacks set forth in Sec. 30-2132 of the W&S Ordinance apply to all structures, principal or accessory, and require a 100 foot setback from the OHW of the Mississippi River. 28. 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 Wild and Scenic River District, must comply with the 100 foot setback requirement, regardless of whether or not the structure or the parcel is sewered. 29. On April 6, 2018, the City received a letter from the Minnesota Department of Natural Resources stating that the City has administrated the W&S Ordinance correctly in this matter and that the City’s W&S Ordinance is consistent with State law requiring structures be set back specific distances from the Mississippi River. DECISION Therefore, based on the findings of fact set forth above, the Board of Adjustments of the City of Elk River denies the Applicant’s Appeal of the City’s decision that an in-ground swimming pool at 17815 Concord Ct NW must comply with the 100 foot setback required by Section 30-2132 of the City W&S Ordinance. Passed and adopted this 24th day of April 2018. Eric Johnson ATTEST: Tina Allard, City Clerk