Development Business - Sheila Sellman, City Planner
Title
Title
Second Reading
Granting Amendments to 25.02 - Definitions and 33.11 - Permitted Encroachments - Yards of the Zoning Code Related to Setbacks for Pools and Patios and Amendments to Chapter 18, Article IX - Swimming Pools of the Code of Ordinances. City of Blaine (Case File No. 22-0005/EES)
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Executive Summary
The City is proposing amendments to the zoning code and pool code to clarify setbacks for pools, patios, and aprons surrounding pools, establish standards for granting variances, address regulations on ladders for above ground pools, and establish standards for detached decks.
Schedule of Actions
|
Planning Commission Public Hearing |
02/08/22 |
|
City Council (1st Reading) |
03/07/22 |
|
City Council (2nd Reading) |
03/21/22 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist
Article IX of the Code of Ordinances regulates pools with setback regulations duplicated in the Blaine Zoning Code in the permitted encroachments section, which also regulates decks, patios, gazebos, and similar structures.
Over the years, staff, homeowners, and contractors have experienced confusion interpreting the setback requirements. Prior to the start of the construction season, staff is recommending minor revisions to the pool code and the permitted encroachments section to improve clarity and reduce instances of noncompliance. The proposed ordinance also establishes variance criteria, addresses regulations on ladders for above ground pools, and establishes setbacks for detached decks.
Setbacks
Currently, pools, pool aprons, and pool patios must meet a 10-foot setback from side and rear property lines. Historically, a 5-foot setback has applied to patios not associated with pools. Due to a typographical error, patios are currently regulated under the same section as decks which allows them to encroach up into 25% of the setback area for living space (resulting in a 7.5-foot side yard setback and a 22.5-foot rear yard setback in the R-1 district). Staff recommends correcting that error so that patios have a 5-foot setback requirement.
The distinction between a pool patio and a patio is a source of confusion. Staff is recommending modifying the setback requirements to have pools meet a 10-foot setback and have a 5-foot setback apply to pool deck surrounds, concrete aprons, and pool patios. This will result in all patios, regardless of proximity to a pool having the same setback requirement.
Above ground pools frequently have raised platforms surrounding the pool, similar to a deck. A definition has been added for such structures calling them pool platforms. Since the impact to neighboring residents is greater from a raised platform, a 10-foot setback is proposed for those structures. Furthermore, any portion of a pool platform greater than 10 feet in distance from the pool would need to meet the more restrictive deck setbacks.
Variances
In 2020, the City Council granted three variances to the pool code - two related to required fencing and one related to setbacks. Unlike the Zoning Code, the pool code does not have variance criteria and does not outline the procedure for reviewing variance criteria. This was identified by staff and the City Attorney as a deficiency to correct. The proposed amendment references the variance section in the zoning code to correct this omission.
Ladders
Language related the use of ladders to access temporary and permanent above ground pools has been added to address complaints received by code enforcement staff. The language will require that ladders used to access the pool be removed when the pool is not under supervision and that ladders must remain in place when the pool is in use.
Detached Decks
The final change to the zoning code addresses detached decks/platforms under 30 inches in height. During the 2021 construction season, inquiries were received regarding these structures which were not clearly addressed in the zoning code. Staff believes that these structures most closely resemble patios, outdoor eating areas, and similar encroachments that are required to meet a 5-foot setback.
Strategic Plan Relationship
This amendment improves the City’s ability to meet the information needs of the community by providing clear requirements.
Board/Commission Review
The Planning Commission voted unanimously to approve the amendment. There were no comments at the public hearing.
Financial Impact
Not applicable.
Public Outreach/Input
Notice of a public hearing were:
1. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life
2. Posted on the City’s website
Staff Recommendation
By motion, approve the Ordinance.
Attachment List
Unapproved Planning Commission Minutes 02/08/22
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in overstrike.)
Blaine Code of Ordinances
Chapter 18
ARTICLE IX. SWIMMING POOLS
DIVISION 1. GENERALLY
Sec. 18-381. Definitions.
Private residential swimming pool means a pool connected with a single-family residence or owner-occupied duplex, located on private property under the control
Swimming pool or pool means any structure, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational use including special purpose pools and wading pools.
Pool deck surround means an area immediately adjacent to or attached to a pool or spa that is specifically constructed or installed for sitting, standing, or walking.
Pool platform means a raised platform similar to a deck, surrounding an above ground pool
Sec. 18-382. Variances.
A variance to the provision of the Article may be issued by the City Council to provide relief to the land owner in those cases where the ordinance imposes practical difficulty on the property owner in the use of their land. Section 27.06 of the Blaine Zoning Code shall apply to any variances from this Article. Any proposed deviations from these standards and requirements shall require a variance from the council in accordance with city ordinances.
Sec. 18-384. Supervision.
Every swimming pool shall be under the supervision of a capable individual who shall assume the responsibility for compliance with all parts of this article relating to pool operation and maintenance and safety of the occupants of the pool. Above-ground pools with a removable means of entry consisting of ladders, staircases, or ladder and staircase combinations, which do not require a building permit and not protected by a barrier/fence in accordance with Sec. 18-424, must have the means of entry removed when the swimming pool is not under supervision.
DIVISION 3. DESIGN AND CONSTRUCTION STANDARDS
Sec. 18-421. Location.
(b) Restrictions in all districts in which pools and fences are permitted.
1. Pools shall not be located within ten feet of any side or any rear lot line, nor within six feet of any principal structure or frost footing, unless part of the principal structure. Pools shall not be located within the required front yard but are permitted in the corner side yard provided the corner side yard house setback is met.
2. All pool deck surrounds, adjacent patios/aprons, or other similar areas, other than pool platforms, used in conjunction with the swimming pool, shall be located not closer than five ten feet to any adjacent property owner's lot line. Pool platforms shall be located not closer than ten feet to any adjacent property owner’s lot line.
3. The filter unit, pump, heating unit, and other noise-making mechanical equipment shall be located no closer than ten feet to any lot line and located in the rear yard.
Sec. 18-423. Interference with rights of others; noise.
No swimming pools shall be so located, designed, operated or maintained as to interfere unduly with the property rights of others. It shall be unlawful for any person to make, continue to cause to be made or continued in any swimming pool, any loud or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, peace or safety of others. The use, or permitting the use of or operation of radios receiving sets, musical instruments, audio speakers phonographs or other machine or device for the producing or reproducing of sound in such volume as to disturb the peace, quiet, comfort, or repose of adjacent property owners shall not be permitted.
Sec. 18-424. Standards for pool barriers.
(d) Installed pool barriers should be at least 48 inches high from finished ground level, as measured along the outside of the barrier, and should have no more than a two-inch gap from the bottom of the barrier to the ground. Such height shall exist around the entire perimeter for a distance of three feet where measured horizontally from the required barrier. Openings in the barrier shall not allow passage of a four-inch diameter sphere.
(j) The pool side of the a parallel barrier shall not be less than 20 inches from the water's edge.
(l) A pool structure wall, itself, can serve as a barrier if the wall is at least four feet above grade. If a barrier is mounted to the top of the pool structure, the barrier must be installed in accordance with the manufacturer's instructions. Above-ground pools shall have a means of entry and exit consisting of one ladder, staircase, or a ladder and staircase combination that must remain in place when the pool has water. The All entry points such as a ladder or steps shall be surrounded by a barrier.
(n) No person owning or operating an outdoor swimming pool permitted under section 18-401 shall use, operate, or allow the use of such swimming pool unless such pool complies with the provisions of this section. The required safety barrier/fencing shall be completely installed with installation of the pool.
Blaine Zoning Ordinance
25.02 Definitions
Pool Deck Surround: An area immediately adjacent to or attached to a pool or spa that is specifically constructed or installed for sitting, standing, or walking.
Pool Platform: a raised platform similar to a deck, surrounding an above ground pool
33.11 Permitted encroachments-yards.
For the purpose of this ordinance, the following shall be considered as permitted encroachments within the yards indicated:
(a) Decks 30 inches or greater in height and/or attached to the home; patios; balconies; open terraces; marques; flues; sills; lintels; pilasters; cornices; gutters; open canopies; open porches not enclosed by walls, screens, windows, or doors; and awnings; are permitted to encroach by up to 25% of the required setbacks in the front, side, and rear yard.
(c) Unenclosed gazebos, covered shelters, pools, and pool platforms patios located in the rear yard are permitted with a minimum 10 foot setback from the side and rear lot lines. Any portion of a pool platform greater than ten feet in distance from the pool shall be regulated as a deck under 33.11 (a) rather than as a pool platform.
(d) Recreation equipment, picnic tables, arbors, trellises, pergolas, outdoor living rooms, outdoor eating facilities, patios, pool deck surrounds and aprons, detached decks less than 30 inches in height and laundry drying equipment are permitted in the rear yard with a minimum 5 foot setback from the side and rear lot lines.
INTRODUCED and read in full this 7th day of March, 2022.
PASSED by the City Council of the City of Blaine this 21st day of March, 2022.