5.2. BASR 05-22-2018 - Laserfiche WebLink

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5 Also, our bluff is populated with more than a dozen large trees, both at the top of the bluff and down the bluff line toward the river. The bluff is also covered with lower-to-the-ground vegetation. Our house is barely visible, even from the channel adjacent to our property, when the leaves are on all of those trees and bushes. Below are two photographs of the view of our property from approximately 25-feet into the channel of the river. The requested variance will be in harmony with the purpose and intent of the W&S 100-foot setback because our property can accommodate a swimming pool and still preserve the serenity of the river. A swimming pool, by its very nature, has no height. § 30 -1007. Passers-by on the river will never even know it is there. A swimming pool will not alter the scenic value of the river. No trees protecting the bluff will be removed, trimmed or changed in any way. The view of our property from the river will not change at all with the installation of a swimming pool and our variance request is in harmony with the purpose and intent of the 100-foot setback to preserve views from the river. iv. A variance for a swimming pool is in harmony with the broader, general purpose and intent of the W&S because existing natural, scenic, historical, scientific and recreational values will be protected and preserved, pollution will be prevented and the river’s natural beauty will be preserved. Although the broader purpose and intent of the W&S district is also addressed in the above-sections addressing the purpose and intent of the 100-foot setback, we are addressing this purpose and intent as well since sets forth the ordinance’s purpose and intent and therefore should not be ignored in this analysis. Because this narrative has largely addressed how our variance request is in harmony with the W&S district’s purpose and intent to protect and preserve existing natural, scenic, historical and scientific values and will prevent pollution and preserve the river’s natural beauty, this section will focus on how our variance will protect and preserve the recreational values of the river. The area of the Mississippi River on which our property sits is classified as “recreational.” § 30- 2111(a) (citing Minn. R. 6105.0910, subp. 11C. (Government lot 3)); Minn. Admin. R. 6105.0840. “Recreational rivers are those rivers that may have undergone some impoundment or diversion in the past and that may have adjacent lands which are considerably developed, but are still capable of being managed so as to further the purposes of the [Wild and Scenic Rivers Act].” Minn. Admin. R.