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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 Swimming pools are permissible, accessory uses in the R1-d district. E.R.C. § 30-991(c). If a use is a permissible accessory use in the R1-d district, it is also a permitted, accessory use in the wild and scenic district. § 30-2112(a). Accordingly, our variance proposes a use of our property in a reasonable manner because a swimming pool is a use that is consistent with the use of properties in our underlying zoning ordinances. Additionally, the requested variance will allow us to put our property to a reasonable recreational use, because it will not otherwise change the basic topography, natural beauty or appearance of our property from the river. Construction of an in-ground swimming pool in accordance with all other required setback, impervious surface, and building permit requirements is a reasonable use of the property not currently permitted within the W&S district. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and As proscribed by the DNR, the minimum lot size for recreational rivers is 2 acres with at least 200-feet at the water line, and a 100-foot setback from the OHW. Minn. Admin. R. 6105.0110, subp. 2(c), subp. 3(b)(1). It is our understanding that in 1999, the DNR approved the City of Elk River’s proposal for smaller lot sizes to accommodate its planned cluster developments, which reduced the minimum lot size in our zoning districts to 20,000 square feet. The 100-foot setback, however, remained the same. See § 30-2131(2). The 100-foot setback as applied to a lot with 200-feet of shoreline amounts to a setback taking up approximately 20,000 square feet. A 2 acre lot is approximately 87,120 square feet, so the 100-foot setback only imposes upon approximately 23% of such a lot. In contrast, given the unique circumstances of our lot, with .56 acres with 150-feet of shoreline, the 100-foot setback results in a much, much larger imposition upon our property, approximately 60% of it. The negotiation between the DNR and the City of Elk River allowing the minimum lot sizes to be reduced from 87,120 square feet (2 acres) to 20,000 square feet (less than a ½ acre) while maintaining the same, 100-foot setback for all sized-properties puts our property in unique circumstances. A 22% restriction on land use is significantly less burdensome than a 60% restriction. In light of the existing topography and the location of our home on our property, the 100-foot setback essentially serves to take 60% of our lot for the purported benefit of the entire community leaving us, alone, to bear the economic burden.5 A 45-foot setback amounts to a restriction on the use of 6,750 square feet of property, which is approximately 27.7%. This amount is much more in line with the minimum lot size/100-foot setback set forth by the DNR, which is 23%, before the minimum lot size was reduced (which is also evidence that our variance request proposes to use our property in a reasonable manner). The DNR and city approved a parcel below the minimum design standards described within Minn. Admin. Rule 6105. If the parcel had been platted per the minimum standards required by the DNR, additional opportunities for siting of a swimming pool outside of the 100 foot setback may have been possible. 5. The variance, if granted, will not alter the essential character of the locality. Our requested variance will not alter the essential character of the locality. A swimming pool is a recreational facility that is a permitted, accessory use in our zoning district and our property is located on a stretch of the river designated as “recreational.” As discussed above, recreational areas of the river are areas that have undergone significant development. Implicit in this designations is that fact that fishermen, boaters, kayakers and passers-by on the river