Loading...
HomeMy WebLinkAboutPlanning Report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0302 DATE: February 17, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to the Swimming Pools and Hot Tubs PREPARED BY: Jeff Sargent, City Planner BACKGROUND: The Current City of Columbia Heights Zoning Code requires that all swimming pools, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six (6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. The Zoning Code does not have specifically mention hot tubs, nor does it define above-ground, in- ground, or hot tub pools. A recent concern from a resident prompted City Staff to look into the question as to whether a hot tub would require the installation of a 6-foot high fence for safety purposes. Staff feels that because hot tubs come equipped with a child-resistant cover, this would suffice the security measure that the 6-foot tall fence attempts to achieve. ANALYSIS: City Staff has polled other cities in the area to see how this question is addressed elsewhere. It was discovered that most other cities do not differentiate between hot tubs and swimming pools, classifying both as one and the same. The City of White Bear Lake has recently adopted an ordinance relating to hot tubs that addresses this issue. The ordinance adopted in White Bear Lake does not require a 6-foot high fence for a hot tub, rather relies on the child-resistant cover for the child’s protection. The requirement for a 6-foot high fence around an aboveground or in-ground pool is for several reasons. This first is for the general safety and welfare of the public. The fence acts as a physical barrier that would prohibit small children from accessing the property and gaining entrance into the pool. A second reason for the fence is for privacy. A fence helps deflect some amount of noise, which is typical when an outdoor recreational pool is in use, as well as being a visual barrier into and out of the pool area. City of Columbia Heights Planning Commission March 8, 2006 Text Amendment, Hot Tubs Case # 2006-0302 By nature, Staff feels that hot tubs in general are less intrusive, and are used for different purposes. Generally, the noise generated by hot tubs users would be substantially less than those using an aboveground or in-ground pool. Also, because hot tubs are equipped with lockable covers, this would prevent the access into the hot tub from children in the area. CONSISTENCY WITH COMPREHENSIVE PLAN: The Comprehensive Plan is not affected in any way with the proposed zoning amendment. FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The Comprehensive Plan is not affected in any way with the proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the public to obtain a hot tub without the requirement of also constructing a 6-foot tall fence around the hot tub. This is in the public interest, as it would decrease the overall cost of the project of installing a hot tub, while maintaining the public safety due to the lockable covers that hot tubs provide. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. This amendment is not changing the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in This amendment is not changing the zoning classification of a particular property. Page 2 City of Columbia Heights Planning Commission March 8, 2006 Text Amendment, Hot Tubs Case # 2006-0302 RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This amendment would allow hot tubs to be installed in the city without the requirement of a 6-foot tall fence surrounding it. The zoning amendment also adds definitions of an aboveground, in-ground, and hot tub swimming pool. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments Draft Ordinance  Page 3