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HomeMy WebLinkAboutPlanning Report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-1003 DATE: October 3, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Portable Swimming Pools PREPARED BY: Jeff Sargent, City Planner BACKGROUND: By conducting inspections on residential properties in the summer of 2006, it has become very apparent that residents of Columbia Heights utilize portable pools. These types of pools differ from other residential pools in that they are not permanent structures and can be easily maneuvered on a property. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. For this reason, Staff has had to classify these pools as permanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6-foot tall fence and a building permit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Portable Pools Case # 2006-1003 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 proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. 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 individuals to locate a portable pool on their property without having to meet the same standards as a permanent swimming pool. The zoning amendment is for the entire City. 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. The proposed zoning amendment will not be changing the zoning classification of any parcel within the City. 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 the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The proposed zoning amendment will not be changing the zoning classification of any parcel within the City. 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 ordinance amendment would allow for the use of portable swimming pools without meeting the same minimum requirements of a permanent 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 2 City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Portable Pools Case # 2006-1003 Page 3