Administration - Erik Thorvig, Community Development Director
Title
Title
Variance from Chapter 18 for a Pool Deck Surround Setback at 2537 Tournament Players Circle South
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Executive Summary
The owner of 2537 Tournament Players Circle South has requested a variance to Chapter 18 of the city code to allow for a two-foot side yard setback for a pool deck surround, instead of the required 10-foot side yard setback. Staff recommends approval of a variance granting a five-foot setback.
Background
The owner of 2537 Tournament Players Circle South has submitted an application to construct a swim spa, which is larger than a typical hot tub and has the option to use a current to simulate swimming laps. The swim spa is proposed to be surrounded by an elevated deck surround. Chapter 18 of the Blaine City Code requires that pools and deck surrounds be located no closer than 10 feet from side or rear property lines. The issue was discovered after a permit was submitted by the homeowner’s architect showing the setbacks were not being met.
The pool handout on the City website states that pool deck surrounds must meet a 10-foot setback from property lines. Since receiving the permit application, staff has been in contact with the landscape architect that designed the layout. Attempts were made to create a design that met applicable setbacks; however, these were determined to not be feasible. Staff has indicated to the homeowner and architect that staff would support a variance application to allow a five-foot setback, but not a two-foot setback.
A variance can be granted from the pool code to allow a lesser setback. This is different to a zoning variance where strict findings must be met in order to grant the variance. Similar to the recent variance granted for the pool fence requirement, the council must consider the precedent established and the unique circumstances that necessitate the variance.
The typical five-foot drainage and utility easement was platted on this property and is indicated on the survey. Construction of a portion of the pool deck in the easement would require a revocable encroachment agreement stating that the property owner is requesting to encroach on the City’s easement, are doing so at their own risk, and understand the City can revoke the encroachment license at any time.
The architect has designed the deck to avoid the placement of a footing in the easement. Since the easement extends vertically from the ground and the deck is located 3.6 feet above grade, it would impede any equipment or construction and would likely need to be removed if the easement is needed for that purpose. In the past, the City has typically not allowed any encroachments, regardless of height, including second story bump outs. Staff and the city attorney do not recommend approving an encroachment into the easement.
In addition to the easement issue, staff does not support a variance to allow a two-foot setback due to its impact to the neighboring property. The only permitted encroachments allowed closer than five feet to lot lines are fences, small sheds and driveways. Jungle gyms, outdoor kitchens, gazebos, and similar improvements all must meet either a five or ten-foot setback. A plan was submitted by the architect showing how the deck could be constructed with a five-foot setback. This plan provides adequate space for the pool deck. When a variance is granted, it should be the smallest possible variance to alleviate the hardship.
Staff requested the applicant inform the nearby neighbors, and if they are in support, should provide emails to that effect. The three neighbors notified by the applicant have provided written comments in support of the requested variance. Their comments are attached to this report.
When granting a variance, there should be findings identified to not set a precedent and identify any unique circumstances. In this case the encroachment is small (less than 60 square feet), the shape of the lot makes the location of a conforming pool deck difficult, and the grades of the property are not conducive to reorientation of the swim spa to meet the ten-foot setback. Additionally, the intent of the setback is to reduce noise impacts. The nature of the swim spa is less likely to have loud noise from social gatherings and children, compared to a typical pool, and therefore more comparable to outdoor living rooms and pergolas which have a five-foot setback. Finally, the existing and proposed dense landscaping will mitigate the potential impact to the neighboring property.
Based on these findings, staff is supportive of a variance to allow a five-foot setback.
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.
The applicant contacted the owners of 2523 Tournament Players Circle S (southwest), 2545 Tournament Players Circle S (northeast), and 2532 Tournament Players Ct NE (northwest). All three notified property owners have sent messages in support of the variance. The attached map shows the location of the notified homes and their comments.
Staff Recommendation
Based on the findings and rationale identified in the staff report, staff recommends approval of a variance to allow a five-foot setback.
Attachment List
Site Location/Air Photo
Landscaping/Site plan
Architectural Plans
Rendering
Alternative Plan
Neighboring Properties
Public Comments
Body
WHEREAS, the property owner at 2537 Tournament Players Circle S has applied for a permit to install a swim/spa and associated deck and patio; and
WHEREAS, Chapter 18 of the Blaine City Code regulates installation of swimming pools and requires a ten-foot setback from side and rear lot lines for pools and pool deck surrounds; and
WHEREAS, the property owner has requested a variance to reduce the side yard setback to accommodate the connection to an existing deck; and
WHEREAS, the encroachment is limited to a small corner of the deck; and
WHEREAS, dense existing landscaping provides screening which will be supplemented by additional landscaping; and
WHEREAS, the nature of the swim spa is less likely to be intrusive to neighbors.
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 a two-foot side yard setback for a pool deck surround attached to a swim spa, subject to the following conditions:
1. All other requirements of Chapter 18 of the Blaine City Code must be met.
2. Deck and swim spa to be constructed as shown in the plan titled Planting Overview, dated June 2021, and attached to the staff report
3. Dense landscaping must be planted prior to issuance of a certificate of occupancy. Landscaping should be similar to the planting plan attached to the staff report.
4. A revocable encroachment license must be executed and recorded to the property prior to issuance of building permits.
PASSED by the City Council of the City of Blaine this 7th day of July, 2021.