09/08/2010 P&Z Packet - Laserfiche WebLink

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• • AGENDA ITEM 5.B. STAFF ORIGINATOR: Paul Bengtson P &Z MEETING DATE: September 8, 2010 TOPIC: Public Hearing Zoning Ordinance Amendment — Swimming Pools and Fences BACKGROUND The city's Building Official has identified a couple of minor changes that should be made to the Zoning Ordinance to better reflect the Building Code and Property Maintenance Codes. First, the Swimming Pool section requirement for permit does not match the building code. It currently requires a permit for a pool with a 5,000 gallon capacity OR depth potential of 30 inches. The Building Code only requires a permit if both thresholds are met, staff is proposing the following change to the text within Section 3.Subdivision 4.D.3.a: 1) A building permit shall be required for any swimming pool with a capacity of over five thousand (5,000) gallons Band with a depth potential of thirty (30 ") inches. Next, the Zoning Ordinance currently requires all fences and walls to be 10% open. This is believed to have been added to the ordinance in an attempt to inform residents of potential property maintenance (airflow) and building code (wind loads) issues. Neither the Building Code, nor the city's property maintenance codes have any opening requirements for fences anymore. The current issue with the opening requirement is that residents cannot purchase preassembled solid six foot fence panels sold in home improvement stores. They are forced to choose alternating board panels, or panels with lattice sections. This eliminates some of the privacy that these fences offer. Staff is therefore proposing the following text change within the fences and walls section of the ordinance (Section 3.Subdivison 4.R): 4. Construction and Maintenance. a. Every fence or wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or wall is located and shall not cause blight or a negative impact. Fences shall be at least ten (10) percent open to provide space for the passage of air. No used material shall be used in the construction of fences or walls.