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Home My WebLink About2010-011 Council Ordinances1st Reading: 9/27/2010 Publication: 1 1 9/10 2'd Reading: 10/11/2010 Effective: i i/ A/ i n Council Member o' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11-10 AN ORDINANCE AMENDING SECTION 3 OF THE ZONING ORDINANCE IN REGARDS TO FENCES AND SWIMMING POOLS. Section 1 Findings Section 2, Subdivision 1of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Accessory Buildings and Structures such as swimming pools and fences are currently allowed by the zoning ordinance, and the changes included in this ordinance are consistent with the current Comprehensive Plan and the draft 2030 Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Accessory Buildings and Structures such as swimming pools and fences are currently allowed by the zoning ordinance, and the changes included in this ordinance will not cause compatibility issues with present or future land uses in the city. 3. The proposed use conforms with all performance standards contained herein. This ordinance establishes performance standards for the uses known Accessory Buildings and Structures, specifically swimming pools and fences. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Accessory Buildings and Structures subsection of the zoning ordinance will not have an effect on the City's public services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Accessory Buildings and Structures subsection of the zoning ordinance will not have an effect on the City's street system. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on September 8, 2010, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 4.D.3.a.1 of the Zoning Ordinance is hereby amended as follows (text to be removed in ctrikethrough, added text in underline): 2) A building permit shall be required for any swimming pool with a capacity of �-- over five thousand (5,000) gallons er-and with a depth potential of thirty (30") inches. Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 4.R.4.a of the Zoning Ordinance is hereby amended as follows (text to be removed in ctrikethrough, added text in underline): 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. Section 4 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. As above amended, the City Code shall stand as initially passed and previously amended. Section 5 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. ulianne Bartel Cis Jerk eff Reine =yor Adopted by the Lino Lakes City Council this 11th day of October, 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Rafferty and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Rafferty, Gallup, Reinert The following voted against same: none (Absent Roeser) Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A. Paul Bengtson October 11, 2010 Second Reading of Ordinance Number 11-10 — Amending Section 3 of the Zoning Ordinance to revise the permit requirements for swimming pools and the construction requirements for fences and walls. 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: 1) A building permit shall be required for any swimming pool with a capacity of over five thousand (5,000) gallons or -and 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. Additionally, at the September 8, 2010 meeting, the Planning and Zoning Board recommended that the ordinance's current prohibition of the use of 'used materials' be removed to allow the re -use of materials so long as the wall is constructed in a professional and substantial manner as required earlier in the same paragraph of the ordinance. Staff agrees that the reuse of materials is important to allow, but would the Building Official would like to still include some sort of limitation on the materials used for fence construction. As such, staff is including a revised sentence about materials allowed. Staff is therefore proposing the following text change within the fences and walls section of the ordinance (Section 3.Subdivison 4.R.4.a): 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. provide space for the passage of air. No used material shall be used in No Fence shall be constructed of used or discarded materials in disrepair or materials not specifically manufactured for fencing. PLANNING AND ZONING BOARD: • On September 8, 2010 the Planning and Zoning Board held a public hearing on this amendment and ultimately recommended approval of the ordinance amendment included in Ordinance Number 11-10. RECOMMENDATION Staff recommends waiving the full reading of the ordinance and approval of the 2"d reading of Ordinance Number 11-10 ATTACHMENTS Ordinance Number 11-10