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April 1, 2025 <br />Centerville Planning & Zoning Commission <br />Page 2 of 7 <br />RE: 1421 Mound Trail, Variance Request Ï Garage & Swimming Pool <br />These provisions invitethe following <br />questions: <br />Is a swimming pool a ÑstructureÒ? <br />The Code defines a structure as <br />Ñ anything constructed or erected Ò, <br />giving a number of examples, but <br />excludes sidewalks, drives, and <br />patios. The definition of structure <br />does not mention swimming pools <br />specifically, nor are swimming pools <br />mentioned in the use table in the <br />Appendix to the Code. Is a pool and <br />its deck a structure needing to meet <br />the setbacks for an accessory <br />structure, or is it more like a patio and <br />therefore not an accessory structure <br />needingto meet the setbacks? <br />Where is the rear yard on the lot? <br />There is no rear yard on this lot. The <br />Code says that the front lot line and <br />the front yard are on the street side <br />of the lot. The rear lot line and rear <br />yard are opposite the front. <br />Common law in Minnesota, <br />however, says that on a lakeshore <br />lot, the lake is the front. There is a <br />separate section in the Code with <br />shoreland requirements, including <br />setbacks. <br />Where is the Ñrequired yardÒ? <br />The Code defines ÑyardÒ as the <br />Ñrequired open space on a lot which <br />is unoccupied and unobstructedÒ. <br />This is the common understanding of <br />the term ÑsetbackÒ. The yard in legal <br />zoning terminologyis the setback. <br />The Ñrequired yardÒ therefore is the required setback area. Anything not in the Ñrequired <br />yardÒ is not in the setback area and not subject to the setback requirements. <br /> <br />