Administration - Erik Thorvig, Community Development Director
Title
Title
Pool Fence Variance Request For 11658 Edison Street NE
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Executive Summary
The owner of 11658 Edison St. has requested a variance to Chapter 18 of the city code to require only three sides of a pool barrier fence be installed.
Background
The owner of 11658 Edison St. is in the process of installing an in-ground pool. The property abuts one of the lakes in the Lakes development. The homeowner is requesting the same variance that was recently approved for a home on 117th Avenue to require only three sides of the fence be installed.
Chapter 18, Article IX of the city code regulates swimming pools and provides a variance provision that states “Any proposed deviations from these standards and requirements shall require a variance from the council in accordance with city ordinances”. After consultation with the city attorney, this option was offered to the homeowner who requested to proceed with a variance request. The variance process outlined in Chapter 18 is different than a typical zoning variance as there is no specific criteria to consider when granting or denying a variance or public hearing requirement. Staff and the city attorney determined that if a variance is granted, there should be findings identified to not set a precedent and identify any unique circumstances, similar to what is required when a zoning variance is granted.
As previously stated, Chapter 18 of the city code requires “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.”
The International Swimming Pool and Spa code introduced the option a number of years ago of powered pool covers as an alternative to the four-foot fence requirement. In 2016, the City Council amended the city code to allow powered pool covers as an alternative to a fence. After receiving a complaint in 2018 from a resident adjacent to a pool that was installed with this provision, the City Council chose to revert to the fence requirement and remove the provision allowing powered pool covers as an alternative. There were only two pools (of 14) installed in Blaine that did not install a full perimeter fence from 2016-2018 and utilized the powered pool cover provision.
One of the two pools installed between 2016-2018 that did not install a full perimeter fence is located across the lake from the subject property (see attached photo). This property has similar site characteristics along the waterfront as the subject property. This example is the main reason the homeowner believes that a perimeter fence barrier should not be required if an approved powered pool cover is installed. Building inspections staff confirmed that the homeowner of the subject property has a pool cover that meets the International Swimming Pool and Spa code.
When granting a variance, there should be findings identified as to not set a precedent and identify any unique circumstances. Safety is the primary concern in requiring a barrier. The homeowner has installed a fence on three sides of the pool and has an approved powered pool cover so it could be argued that sufficient safety measures exceeding the requirements of the International Swimming Pool and Spa code have occurred.
The subject property is unique in that it abuts a natural lake barrier and is adjacent to only two other properties on each side. Staff would not support a variance if the property owner did not install three sides of the fence and was not adjacent to a natural lake barrier which reduces the amount of people that would have direct access to their backyard. Staff would also not support the variance unless a powered pool cover consistent with the International Swimming Pool and Spa code was installed.
Since the granting of the variance on 117th Avenue, staff has learned that the Lakes HOA board may have concern about pools not having fencing all the way around based on language within the HOA covenants. HOA covenants can be more restrictive than city ordinances. The homeowner should be aware of this issue, however it does not materially affect the city’s decision regarding the variance request.
Finally, given the potential of two variances being approved for the same circumstance, staff would recommend staff and the City Council review Chapter 18 and determine whether to amend the language to allow the circumstances where variances have recently been approved. It is also recommended to revise the variance review process for Chapter 18 to be similar to the zoning variance review process.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
No board or commission review is required for this request.
Financial Impact
Not applicable.
Public Outreach/Input
Chapter 18 of the city code does not outline a public outreach process for variances.
Staff Recommendation
Based on the findings and rationale identified in the staff report, staff recommends approval of the variance.
Attachment List
Letter from Applicant
Survey
Air Photo with Fence
Body
WHEREAS, the property owner at 11658 Edison St. is installing an in-ground pool; and
WHEREAS, Chapter 18 of the Blaine City Code regulates installation of swimming pools and requires a barrier fence of at least four-feet around the perimeter of a pool; and
WHEREAS, the property owner wishes to only install three sides of the barrier fence; and
WHEREAS, the property abuts a natural water barrier; and
WHEREAS, the property owner has installed a powered pool cover consistent with the International Pool and Spa Code; and
WHEREAS, the property owner has requested a variance through provisions identified in Chapter 18 of the Blaine City code to require only three sides of the barrier fence; and
WHEREAS, when granting a variance, there should be findings identified as to not set a precedent and identify any unique circumstances; and
WHEREAS, the homeowner has installed a fence on three sides of the pool and has an approved powered pool cover, therefore sufficient safety measures exceeding the requirements of the International Swimming Pool and Spa code have occurred; and
WHEREAS, the subject property is unique in that it abuts a natural lake barrier and is adjacent to only two other properties on each side.
NOW, THEREFORE, BE IT RESOLVED, that the Blaine City Council hereby approves a variance to Chapter 18 of the Blaine City Code to allow for only three sides of a pool perimeter fence to be installed at 11658 Edison St. provided an operable powered pool cover remains installed that is approved by the International Swimming Pool and Spa code.
PASSED by the City Council of the City of Blaine this 7th day of July, 2021.