HomeMy WebLinkAbout6O - Ordinance amending swimming pool setbacks
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
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FINANCIAL
CITY COUNCIL AGENDA REPORT
JANUARY 16, 2007
60
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 403.601
OF THE CITY CODE TO CREATE CONSISTENCY FOR SWIMMING POOL
SETBACKS
Introduction
The purpose of this report is to consider an amendment to Section 403.601 of
the City Code. The proposed amendment creates consistency between
setbacks for accessory structures, as listed in the Zoning Ordinance, and
setbacks for in,.ground swimming pools. This amendment will also ensure that
setbacks for in-ground and above-ground swimming pools are consistent.
History
Section 403.100 defines a swimming pool as "any enclosure, in ground or
above ground, having a water surface area exceeding one hundred (100)
square feet and a water depth of not less than one and one-half feet (1-1/27".
Section 403.601 addresses location restrictions of pools:
Single -Family Residential: Pools shall not be located within eight feet (8? of
any rear lot line nor within five feet (5? of any side lot line, nor within six feet
(67 of any principal structure or frost footing. Pools shall not be located within
any required front yard.
The Zoning Ordinance defines accessory use or structure as "a use or
structure subordinate to the principal use or structure on the same land and
customarily incidental thereto." Section 1102.800 (8,h) further states, "No
accessory building shall be located within 10 feet of any lot line abutting lots in
an "R" Use District."
Current Circumstances
In an effort to maintain consistency, staff is proposing to amend Section
403.601 to read as follows:
Single-Family Residential: Pools shall not be located within ~ ten feet (~
10') of any rear lot line nor within five feet (5') of any side lot line, nor within six
feet (6') of any principal structure or frost footing. Pools shall not be located
within any required front yard.
The proposed amendment eliminates the setback inconsistencies between
above-ground and in-ground swimming pools. This language also ensures
setback consistency for swimming pools and other accessory structures.
The adoption of this amendment has modest financial impact on the City. The
www.cityofpriorlake.com
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IMPACT:
City will incur costs for preparation and publication of ordinance amendments.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt an ordinance amending the text of the City Code as proposed or
with changes specified by the City Council.
2. Deny the amendment to the ordinance.
3. Defer consideration of this item and provide staff with specific direction.
The staff recommends Alternative #1.
RECOMMENDED
MOTION:
Motion and second to adopt an ordinance amending Section 403.601 of the
Prior Lake City Code.
Reviewed by:
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 107-xx
AN ORDINANCE AMENDING SECTION 403.601 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior lake does hereby ordain that:
1. Section 403.601 of the Prior lake City Code is hereby amended to delete the section
in its entirety and to add the following language:
403.601
Sinale-Familv Residential: Pools shall not be located within ten feet (10')
of any rear lot line nor within five feet (5') of any side lot line, nor within six
feet (6') of any principal structure or frost footing. Pools shall not be located
within any required front yard.
The filter unit, pump, heating unit and any other noise making mechanical
equipment shall be located at least twenty five feet (25') from any residential
structure on adjacent property and not closer than eight feet (8') to any lot
line.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior lake this 16th day of January, 2007.
ATTEST:
City Manager
Mayor
Published in the Prior lake American on the _ day of January, 2007.
Drafted By:
Prior lake Planning Department
4646 Dakota Street SE
Prior lake, MN 55372
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Phone 952.447.4230 / Fax 952.447.4245