Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Variance to Section 18-424 of the City Code of Ordinances that Requires a Barrier/Fence Around a Pool at 2247 125th Avenue NE. Allen Hambleton (Case File No. 22-0074/SLK)
end
Executive Summary
The applicant is requesting a variance to allow a lockable pool cover instead of a non-climbable fence as required in the Code of Ordinances.
Schedule of Actions
|
Planning Commission (Public Hearing) |
12/13/22 |
|
City Council (Variance) |
01/04/23 |
|
Action Deadline |
01/14/23 |
Background
Staff report prepared by Shawn Kaye, Planner, and Teresa Barnes, Project Engineer
Zoning
The property is zoned R-1AA (Single Family).
Surrounding Zoning and uses
The properties to the north and east are zoned R-1AA (Single Family), two properties to the west are zoned FR (Farm Residential), and one property to the west is zoned R-1AA. The property is accessed off 125th Avenue on the south.
Comprehensive Land Use
The property has a land use of LDR (Low Density Residential) and all the surrounding properties have the same land use.
Existing Conditions
The site is approximately 20 acres with an existing home, detached accessory building, and pool on site. The site also has wetlands.
History
The applicant received a conditional use permit in 2020 to allow 1,200 square feet of accessory building space. They also received a variance to allow an additional 1,192 square feet of accessory building space over the already permitted 1,200 square feet to be located in the front yard.
Several years ago, the International Swimming Pool Code introduced the option to allow lockable powered pool covers. In 2016, the City Council amended the ordinance to allow lockable power pool covers as an alternative to the required 4-foot fence around a pool.
In 2018, a concerned homeowner asked the City Council to consider removing the lockable pool covers as an option to the fence requirement. The concern was that a fence with a gate was more likely to provide a secure barrier from a neighbor’s pool. As a result, the City Council removed the ability to allow lockable pool covers as the security/safety option in June 2018.
Evaluation of Request
Code Requirement
(c) All private residential outdoor swimming pools shall be made inaccessible when not in use by a non-climbable barrier. It must also be positioned far enough away from permanent structures so that they do not provide climbing assistance. Exceptions:
(1) Spas and hot tubs with a lockable safety cover that complies with ASTMF 1346.
(d) Installed 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 applicant has installed a pool in the rear yard after receiving a permit. The submitted plans for the permit show a 4-foot non-climbable safety fence around the perimeter of the pool as required by city ordinance; however, the fence has not been installed.
The applicant is requesting a variance to allow a lockable pool cover instead of the required 4-foot non-climbable fence in the Code of Ordinance.
Criteria for Granting Variances. A variance to the provision of the zoning ordinance may be issued by the City Council to provide relief to the landowner in those cases where the ordinance imposes practical difficulty on the property owner in the use of his land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist.
1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property, since enactment of this ordinance, have had no control. The lot is approximately 20 acres in size, which is larger than the typical R-1AA lot/single family lot. The minimum lot size for a R-1AA lot is 10,800 square feet (.25 acre). The larger lot size, wetlands, trees, and being over 900 feet from any other home provides circumstances that do not apply to many other properties.
2) The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. The applicant is not deprived of rights enjoyed by other properties.
3) That the special conditions or circumstances do not result from the actions of the applicant. The larger lot, wetlands, and tree placement are not special conditions or circumstances from the actions of the applicant.
4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other owners of lands, structures or buildings within the same district. The variance in this circumstance is requested due to the applicant’s large lot, wetlands, trees, and the location of the pool being over 900 feet from any other home. The applicant has installed an approved lockable powered pool cover so it could be argued that sufficient safety measures meeting the requirements of the International Swimming Pool and Spa Code have occurred.
5) That the variance requested is the minimum variance which would alleviate the hardship. Economic considerations alone shall not be considered a hardship. Economic considerations were not part of the analysis.
6) A variance would not be materially detrimental to the purposes of this ordinance, or to other property in the same zone. The variance would not be detrimental to properties in the same zone. The size of the lot and distance from other homes is much greater than the typical single-family lot and homes in the R-1AA zoning district.
7) The proposed variance will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance would not impact supply of light or air to the adjacent properties.
(b) The City Council may impose such restrictions and conditions upon the premises benefited by the variance as may be necessary to comply with the standards established by this ordinance, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.
The applicant provided a narrative explaining their justification for a variance. The applicant has stated he is located several hundred yards or more from his closest neighbor and they would have to walk through trees and wetlands to access the pool.
Grading/Storm Drainage
The grading and drainage for this residential house, accessory building and pool has been previously completed. The installation of a fence does not require the review of grading or drainage of the property.
Wetlands/Watershed
The edge of the existing pool decking, by the submitted survey for the pool permit, appears to be constructed to the platted drainage, utility and wetland easement. The installation of the fence would not encroach into the platted drainage, utility and wetland easement. No watershed review is required.
Access/Street Design
No additional access or street design would be required with the installation of the proposed fence.
Easements/Right-of-Way/Permits
No additional easements or right-of-way would be required with the installation of a fence. The fence, if installed per the pool permit plan, should be able to be installed under the pool permit. However, an additional fence permit may be required.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the variance. The applicant was the only public comment, he stated his reasons for requesting the variance.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the city website.
Staff Recommendation
By motion, approve the resolution.
Attachment List
Zoning and Location Map
Site Plan
Aerial
Pictures
Narrative
Applicant Criteria Findings
Unapproved Planning Commission Minutes 12/14/22
Body
WHEREAS, an application has been filed by Allen Hambleton as Case File No. 22-0074 for a variance to Section 18-424 of the City Code of Ordinances that requires a barrier/fence around a pool; and
WHEREAS, said case involves the land described as follows:
Parcel A:
Lot 4, Block 1 Radisson Woods on Main, Anoka County, Minnesota (Torrens Property)
AND
Parcel B:
Lot 4A and Lot 5, Block 1, Radisson Woods on Main, Anoka County Minnesota (Abstract Property)
WHEREAS, a public hearing has been held by the Blaine Planning Commission on December 13, 2022 and the Planning Commission recommends approval; and
WHEREAS, the Blaine City Council has reviewed said case on January 4, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a variance is hereby approved per Section 18-424 of the City Code of Ordinances that requires a barrier/fence around a pool, with the following findings:
1. The lot is approximately 20 acres in size, which is larger than the typical single-family lot. The minimum lot size for a R-1AA lot is 10,800 square feet (.25 acre). The larger lot size, wetlands, trees, and being over 900 feet from any other home provides circumstances that do not apply to other single-family properties.
2. The applicant has installed an approved lockable powered pool cover so it could be argued that safety measures meeting the requirements of the International Swimming Pool and Spa Code have occurred.
PASSED by the City Council of the City of Blaine this 4th day of January, 2023.