5.2. BASR 05-22-2018 - Laserfiche WebLink

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1 April 30, 2018 Board of Adjustments City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Zack Carlton Planning Manager Via email: zcarlton@ElkRiverMN.gov Amanda Bednar Environmental Coordinator Via email: ABednar@elkrivermn.gov RE: Application: Requested variance to install an in-ground swimming pool approximately 45 feet from the ordinary high water mark of the Mississippi River (minimum 100 feet required). Applicant: Ethan and Jessica Allen, 17815 Concord Ct NW, Elk River, MN 55330 Dear Members of the Board, Mr. Carlton and Ms. Bednar, We are requesting a variance to install a 20’ x 40’ in-ground swimming pool in our backyard, approximately 45-feet from the ordinary high water mark (OHW) of a channel of the Mississippi River classified as “Recreational” by the MN DNR pursuant to the Minnesota Wild and Scenic Rivers Act. Minn. Admin. R. 6105.0840. The City of Elk River adopted the general development standards for land use in its zoning ordinance, Chapter 13, Division 13 Wild and Scenic River Protection. Minn. Admin. R. 6105.0870, subp. 6; E.R.C. § 30-2072. On February 13, 2018, the City of Elk River Environmental Department denied our request for a permit based upon its interpretation that the 100-foot setback in Chapter 30, Division 13, the Wild and Scenic River Protection district (W&S) prohibits all structures, including an in-ground swimming pool, from being located closer than 100-feet from the OHW. E.R.C. § 30-2132(a)(1)b. Consequently, a swimming pool would not be permitted in our backyard without a variance. Although we disagree with Environmental’s determination that swimming pools are structures that must comply with the 100-foot setback, after meeting with Mr. Carlton and Ms. Bednar at our property on April 26, 2018, pursuant to E.R.C. section 30-2094, we respectfully submit the following narrative in support of our variance request. By way of background, we bought our home and moved to Elk River in November 2010. Our home was built in 2001. We are the second owners. It is a lovely home and it is situated on a beautiful lot. Although not on the main channel of the Mississippi River, the rear of our property is riparian to a channel of the river, with a large island separating it from the river’s main channel. Our yard is private for being located in a subdivision. It is surrounded by mature trees, an abundance of natural features including several Oak trees that are over 100-feet tall. Our home is situated at the highest point of our .56 acre lot, and is setback approximately 100-feet from the OHW. Our backyard is mostly flat. The rear edge of our backyard is marked with a steep bluff, which extends down, more than 30-feet, to the river’s OHW. This bluff remains in its natural state, full of trees and bushes. We have spent a lot of time, energy and substantial resources fixing up our home and the yard over the last eight years. Having purchased it from the bank as a part of foreclosure proceedings, the home and yard had been neglected for some time. There was a lot of work to do, but we have enjoyed making this house our home and are hopeful to be able to stay in it and raise our family here.