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Board of Adjustments Minutes Page 2 <br />May 22, 2018 <br />----------------------------- <br />5.2 Jessica Allen – 17815 Concord Ct. NW NW - Case No. V 18-04 <br /> <br /> Wild and Scenic River Setback Variance to Allow Installation of <br /> a Pool <br /> <br />Mr. Carlton presented the staff report. <br /> <br />Commissioner Larson-Vito asked about enforcing state rules and if the city has the <br />ability to for deviation to them. <br /> <br />Mr. Carlton stated the city adopted the state regulations for the Wild and Scenic <br />River Ordinance, Division 6105, and the city administers this on behalf of the state <br />rules. He stated the Minnesota Department of Natural Resources (DNR) <br />recommended opposing the variance but will support whichever way the city votes. <br /> <br />Chair Johnson opened the public hearing. <br /> <br />Jessica Allen, 17815 Concord Ct., was the applicant and available to answer <br />questions. She pointed out the DNR’s letter does not recommend denial of her <br />variance request, and stated the letter affirms the city’s interpretation of whether or <br />not the pool is a structure. She indicated she had no problems with the proposed <br />conditions that staff has outlined. <br /> <br />Terry Tigges, 17827 Concord Ct., lives next door to the applicant and had no <br />objection to the construction of a swimming pool. He indicated he spends a lot of <br />time on the Mississippi River kayaking and doesn’t see most of the homes along the <br />river because of the high banks. He didn’t feel this pool wouldn’t cause visual <br />disturbances to the river. <br /> <br />Shasta Rueckert, 17812 Concord Ct. noted the area of the river that their <br />properties are located is on an inlet and not on main part of river; there is an island. <br />She stated anyone on the main part of the Mississippi River wouldn’t see the <br />swimming pool and she had opposition to it being constructed. <br /> <br />Dave Rueckert, 17812 Concord Ct., stated he has zero concerns for the installation <br />of the swimming pool. <br /> <br />Dan representing Ament Spas & Pools, St. Cloud, stated he would be installing the <br />swimming pool for the applicant and stated it would be an in-ground pool, below the <br />surface of the ground, and unable to be viewed from the river. <br /> <br />Mike Ring, 17830 Concord Ct., was a neighbor to the applicant and had no <br />opposition to the installation of the swimming pool. He noted it wouldn’t be seen <br />from the river. <br /> <br />There being no one further to speak, Chair Johnson closed the public hearing. <br /> <br /> <br />