HomeMy WebLinkAboutItem 28 Council Memo swimming pools 6.21.16MAYOR AND COUNCIL COMMUNICATION
DATE: //2016
REGULAR
ITEM #: 22
AGENDA ITEM: Lot Coverage Requirements as they pertain to Pools
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Emily Becker
BACKGROUND:
The City of Lake Elmo Code, Section 11.01 Definitions, defines impervious surfaces and includes
swimming pools as an impervious surface. It has been brought to Staff’s attention that the past practices
in the City of Lake Elmo was to treat swimming pools as pervious. In a recent building permit
application for a pool, Staff rejected the permit because the lot would exceed the impervious surface
requirements if the pool were constructed. The developer brought this issue before the City Administrator
and requested the issue be brought before the City Council for discussion.
ISSUE BEFORE COUNCIL:
The City Council is respectfully being requested to discuss whether the lot coverage (maximum impervious
surface) requirements be amended to address the desire of residents to have more impervious surfaces for
structures such as pools.
PROPOSAL DETAILS/ANALYSIS:
The City’s definition of impervious surface clearly defines swimming pools as an impervious surface:
IMPERVIOUS SURFACE. Any structure or surface which interferes to any degree with the direct
absorption of water into the ground, including but not limited to building footprints, sidewalks,
paved or gravel driveways and parking areas, patios, sport courts, swimming pools, or any other
similar surface. Decks, pervious landscaping fabric, and retaining walls shall not be included as
impervious surface.
Pools clearly are not pervious and do not infiltrate water into the ground, or they would not be pools. Since
November, 2016 Planning Staff has been reviewing building permit applications for pools with the
understanding that pools are impervious as defined above, regardless of alleged past practice by Staff.
Swimming pools and their surrounding patios can add significantly to impervious surfaces on lots, and on
urban lots, push them beyond the maximum impervious surface allowance. The maximum impervious
surface allowed for the LDR, MDR and HDR zoning districts are 40%, 50% and 75% respectively. As
with all building permit reviews, Staff reviews setbacks, impervious limits, easements and other
City Council Meeting June 21, 2016 Regular Agenda Item #28
Page 2
requirements to ensure City standards are being met. In many cases, Staff rejects applications because of
nonconformance with City standards, swimming pool applications included. In the building code, and by
definition, swimming pools are impervious structures and like all structures, need to adhere to City
standards.
FISCAL IMPACT:
None
OPTIONS:
The City Council is respectfully being requested to consider the swimming pool issue and whether Staff
should increase the lot coverage requirements in the urban districts.
RECOMMENDATION:
Staff recommends the City Council consider the swimming pool issue and to provide Staff guidance as to
whether the urban district lot coverage requirements should be increased.
ATTACHMENTS:
None