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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.
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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
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