5.2. BASR 05-22-2018 - Laserfiche WebLink

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2 (1) The variance is in harmony with the general purpose and intent of the ordinance. Our property is in the R1-d zoning district and also falls within the Wild and Scenic overlay district. The purpose of the Elk River’s Zoning Ordinance is to “protect and promote the health, safety, morals and general welfare, conserve the values of the properties and encourage the most appropriate use of land, and to conserve and manage the use of natural resources.” E.R.C. § 30-573. A variance allowing a swimming pool to be installed in our backyard is in harmony with the general purpose and intent of the Zoning Ordinance, as well as the purpose and intent of the R1-d district and the W&S overlay district. a. R1-d district (Division 6). The purpose of the R1-d district is to provide single-family residential districts with larger lots and higher quality housing types in areas with full municipal public sewers, storm sewers, and municipal water in areas that possess significant natural features, including wetlands, and topographic features. This district is intended to encourage the design of subdivisions that protect natural features while providing high quality housing sites. § 30-991(a)(5). Swimming pools are private recreational facilities, which are permitted, accessory uses in the R1-d district. §§ 30-1 Private Recreational Facilities; 30- 991(a)(4). By listing swimming pools as a permitted accessory use, the City determined that such a use of our property is consistent with uses of land in our district. PTL, L.L.C. v. Chisago County Bd. of Com’rs, 656 N.W.2d 567, 574 (Minn. Ct. App. 2003) (citing Chanhassen Estates Residents Ass’n v. City of Chanhassen, 342 N.W.2d 335, 340 (Minn. 1984)). Swimming pools must be setback a minimum of 8-feet from the side yard and rear yard lot lines. E.R.C. § 30-1007. Our backyard could accommodate installing a swimming pool to meet the stated R1-d setbacks. Our home and property is fundamentally consistent with the purpose of the R1-d district. As a permitted accessory use, a swimming pool is likewise in harmony with the general purpose and intent of the R1-d district. b. Wild and Scenic River Protection overlay district (Division 13). Our variance request seeks relief from the strict enforcement of the 100 -foot structure setback. We are requesting an area variance to install a swimming pool approximately 45 feet from the OHW. This can be done such that the variance would be in harmony with the broader, general purpose and intent of the W&S district and the purpose and intent of the 100-foot structure setback. The purpose of the W&S district is to preserve and protect existing natural, scenic, historical, scientific and recreational values” and to “prevent pollution and preserve natural beauty. § 30-2073.1 According to Mr. Bedell, Area Hydrologist for the DNR, the purpose of the 100-foot setback is to “limit impacts to public waters, these impacts can be in the form of erosion and sediment entering public waters due to construction activities and ongoing concentrated human activity. Setbacks also allow for vegetation to establish which provide habitat, stormwater infiltration and screening of views from the wild and scenic river.” (Mr. Bedell’s April 6, 2018 Correspondence to Amanda Bednar related to our previously 1 In adopting the Wild and Scenic Rivers Act, the Minnesota legislature found that “certain of Minnesota’s rivers and their adjacent lands possess outstanding scenic, recreational, natural, historical, scientific and similar values. It is in the interest of present and future generations to retain these values and a policy of the state and an authorized public purpose to preserve and protect these rivers.” Minn. Stat. § 103F.305.