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<br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />Request for Action <br /> <br /> <br />To <br />Board of Adjustments <br />Item Number <br />4.1 <br />Agenda Section <br />Public Hearings <br />Meeting Date <br />April 24, 2018 <br />Prepared by <br />Zack Carlton, Planning Manager <br />Item Description <br />Jessica Allen – 17815 Concord Ct. NW <br /> Appeal of Zoning Decision, Case No. V 18-02 <br />Reviewed by <br />Amanda Bednar, Environmental Coordinator <br />Reviewed by <br />Peter Beck, City Attorney <br /> <br />Action Requested <br />Deny, by resolution, the appeal from Jessica Allen stating the city erred in determining that an in-ground <br />swimming pool at 17815 Concord Ct NW must comply with the 100 foot setback required by Section 30- <br />2132 of the City of Elk River Zoning Code. <br /> <br />Background/Discussion <br />On February 2, 2018, the city received a call from Jessica Allen, property owner at 17815 Concord Ct. <br />NW, regarding construction of an in-ground swimming pool on their property. Amanda Bednar, <br />Environmental Coordinator, spoke with Ms. Allen on the phone and informed her that her property was <br />located in the Wild and Scenic River Zoning District (W & S District) which, per Sec. 30-2132, requires <br />all structures to be setback a distance of 100 feet from the ordinary high water level (OHW) of the <br />Mississippi River. Staff determined that an in-ground swimming pool could not be placed in the desired <br />location as it does not meet the required 100 foot setback. <br /> <br />Ms. Allen contests that the required 100 foot setback does not apply to in-ground swimming pools as <br />they are not a structure, and the setback only applies to structures. The city and Ms. Allen exchanged a <br />number of emails and phone calls regarding the application of the 100 foot setback, and on March 26, <br />2018, she appealed the city’s decision to the Board of Adjustments. <br /> <br />The appeal is based on two key questions, which the Board of Adjustments must answer: <br />1. Is an in-ground swimming pool considered a structure as defined within the parameters of the <br />City of Elk River Zoning Ordinance? <br />2. Does Sec. 30-2132 (Placement, design and height of structures) of the City of Elk River Zoning <br />Ordinance apply to all structures within the W&S District, inclusive of an in-ground swimming <br />pool? <br /> <br />Analysis <br />Is an in-ground swimming pool a structure? <br /> <br />Structure is defined in Sec. 30-1 of the city code as: Structure, unless otherwise defined in another division <br />(for example, floodplain management) as used in article VI of this chapter, means anything constructed <br />or erected, the use of which requires more or less permanent location on the ground or attachment to