5.2. BASR 05-22-2018 - Laserfiche WebLink

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The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.2 Agenda Section Public Hearings Meeting Date May 22, 2018 Prepared by Zack Carlton, Planning Manager Item Description Jessica Allen – 17815 Concord Ct. N Wild and Scenic River Setback Variance to Allow Installation of a Pool, Case No. V 18-04 Reviewed by Chris Leeseberg, Senior Planner Reviewed by Action Requested Approve, by motion, the variance request to encroach 55 feet into the 100 foot Wild and Scenic River setback, with the below conditions, as all five requirements for approval of a variance are satisfied. 1.Environmental staff must approve the staking of the pool location and pool overflow location prior to excavation. 2.Silt fence shall be installed prior to excavation, and shall not be removed until vegetation has been established. 3.The pool deck/patio shall be constructed of permeable pavers. 4.The pool deck closest to the Mississippi River must include landscaping that will limit runoff and slow the flow of water to the river. 5.The overflow from the pool must discharge into a landscaped area, not directly into the Mississippi River. Background/Discussion The applicant, Jessica Allen, has applied for a variance to construct a swimming pool within the Wild and Scenic River (W&S) District’s required 100 foot setback, Sec. 30-2132. Ms. Allen had requested an appeal of staff’s decision regarding the application of Sec. 30-2132 to an in-ground swimming pool, but has since withdrawn the application. The Wild and Scenic River Ordinance, Division 13 within the Elk River City Code, is a state regulation, Minnesota Administrative Rule 6105, that the city administers on behalf of the state. Comments from the DNR are attached, and they recommend denial of the variance request. If approved, the variance will allow construction of an in-ground swimming pool approximately 45 feet (55 foot setback variance) from the ordinary high water mark (OHW) of the Mississippi River. The pool structure itself will be at the 45 foot setback, and associated decking and patio areas will extend further into the setback. The setback is for “structures” and the pool decking does not apply. City ordinances also include impervious surface limits for parcels near the Mississippi River, but the proposed in-ground pool, combined will all other existing impervious surfaces, does not create an impact beyond the 25% limit required by ordinance.