5.2. BASR 05-22-2018 - Laserfiche WebLink

Home Browse Search

N:\Departments\Community Development\Planning\Case Files\V\V 18-04 Allen (Variance)\4-Planning Commission\4.2 sr Allen Variance 5-22- 2018.docx Applicable Regulations Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The applicants responses are highlighted in italics. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance i. A variance for a swimming pool is in harmony with the purpose and intent of the 100-foot setback in the W&S district because the proposed swimming pool will not result in any additional erosion or sediment entering the river. ii. A variance for a swimming pool is in harmony with the purpose and intent of the 100-foot setback in the W&S district because it will not impact any vegetation on the bluff, will not disturb any natural habitat, or prevent stormwater infiltration. iii. A variance for a swimming pool is in harmony with the purpose and intent of the 100-foot setback in the W&S district to screen 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. The W&S ordinance is intended to preserve the scenic, recreational, natural, historical, and scientific values of the Mississippi River and adjacent lands. The setback is intended to limit visual, erosion, and pollution impacts resulting from development too close to the river. The request is in harmony with the general purpose and intent of the ordinance, and to ensure the intent is preserved the following conditions are recommended if the variance is approved: 1. Silt fence shall be installed prior to excavation, and shall not be removed until vegetation has been established. 2. The man pool deck/patio shall be constructed of permeable pavers. 3. The pool deck closest to the Mississippi River must include landscaping that will limit runoff and slow the flow of water to the river. 4. The overflow from the pool must discharge into a landscaped area, not directly into the Mississippi River. 2. Is consistent with the City of Elk River comprehensive plan. This variance request is consistent with the City of Elk River’s comprehensive plan because it is a permitted, accessory use in our underlying zoning district. When a city designates a specific use as permissible in a particular zone or district, the city has exercised its discretion and determined that the permitted use is consistent with the public health, safety, and general welfare and consonant with the goals of its comprehensive plan. PTL, L.L.C. v. Chisago Cty. Bd. of Comm'rs, 656 N.W.2d 567, 574 (Minn. Ct. App. 2003). Construction of an in-ground swimming pool in a residential zoning district is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;