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6 <br /> <br />6105.0060, subp. 4.4 Considerable development means that the bordering lands may have already <br />been developed for a full range of agricultural or other land uses. Recreational rivers also may be <br />readily accessible by preexisting roads or railroads. Id. With adjacent land that has undergone <br />considerable development, fewer restrictions on property uses are implicit in the “recreational” <br />designation. In fact, the adjacent lands in the stretch of river, both up and down the river, where we <br />live is peppered with homes and yards with manicured lawns, gazebos, decks, swings and other <br />structures intended for recreational use that are largely visible from the river. <br /> <br />The Zoning Ordinance includes swimming pools in the definition of private recreational facilities. <br />Pools are used for swimming, by definition, a recreational activity. Additionally, a swimming pool is <br />a permitted, accessory use in our underlying zoning district. Our requested variance from the strict <br />enforcement of the 100-foot structure setback to allow the installation of a swimming pool <br />approximately 45-feet from the OHW will not interrupt, violate, or otherwise interfere with the <br />existing serenity, beauty or seclusion of this recreational stretch of the river. It would allow us to <br />strengthen the recreational value of our property with a stated recreational use. Our requested variance <br />will not interfere, prevent, or limit the recreational value of the river to the public either because of <br />the many reasons set forth above. Therefore, our requested variance is in harmony with the broader <br />purpose and intent of the W&S district to preserve the recreational value of the river. <br /> <br />(2) The variance is consistent with the City of Elk River comprehensive plan. <br /> <br />This variance request is consistent with the City of Elk River’s comprehensive plan because it is a <br />permitted, accessory use in our underlying zoning district. When a city designates a specific use as <br />permissible in a particular zone or district, the city has exercised its discretion and determined that the <br />permitted use is consistent with the public health, safety, and general welfare and consonant with the <br />goals of its comprehensive plan. PTL, L.L.C. v. Chisago Cty. Bd. of Comm'rs, 656 N.W.2d 567, 574 <br />(Minn. Ct. App. 2003). <br /> <br />The Comprehensive Plan states the following as strategies relating to natural environment and <br />resources: “continue to enforce all environmental protection zoning standards related to restrictive <br />soils, woodlands, wetland, floodplains, shorelands, bluffs steep slopes, and erosion control, to preserve <br />and protect sensitive and other natural areas of community importance…” <br /> <br />As stated above, the swimming pool would be setback more than 30-feet from the top of the bluff, in <br />compliance with the bluff setback. As an in-ground pool, there would be limited, if any, need for <br />stormwater retention and erosion control from the pool itself. The 2-foot concrete patio surrounding <br />the pool will create minimal runoff, but can be adequately addressed as set forth above in section <br />(1)(b)(i). <br /> <br />Another strategy is to: “balance the protection of natural resources with economic development to <br />maintain the vision of Elk River” and “protect and enhance air and water quality to provide a livable <br />and sustainable community.” <br /> <br /> <br />4 By comparison, “ ‘scenic rivers’ are those rivers that exist in a free-flowing state and with adjacent lands that <br />are largely undeveloped. Id. at subd. 7. And “ ‘wild rivers’ are those rivers that exist in a free-flowing state, <br />with excellent water quality and with adjacent lands that are essentially primitive.” Id. at subd. 9.