Item Coversheet

*5.E.2.


Shakopee City Council
January 16, 2024


FROM:Amanda Schwabe, Planner
TO:Mayor and Council Members
Subject:
Modifications to swimming pool regulations pertaining to permit and construction requirements.
Policy/Action Requested:
Adopt Ordinance O2024-002, Amending Title XI of the City Code Repealing and Replacing Section 111.09 Related to Swimming Pool Definitions, Permit, and Construction Requirements.
Recommendation:
Adopt Ordinance O2024-002
Discussion:

City building inspections and planning staff have reviewed the current swimming pool regulations for private residences and are proposing amendments to clarify existing language in an effort to provide clear direction on permitting and construction requirements. 

 

A summary of the proposed changes are as follows:

  • Modifying the definition of "Swimming Pool" to exclude hot tubs/swim spas.
  • Creating a definition for "Pool Deck".
  • Requiring a building permit for modifications to a swimming pool. 
  • Requiring an updated property survey be submitted as part of a building permit for all pools meeting the Swimming Pool definition.
  • Requiring an As-Built Survey prior to final inspection.
  • Clarifying setbacks to property lines.
  • Explaining that pool covers do not negate the requirement for a fence.

 

Currently, staff allows a site plan to be used by an applicant to illustrate the proposed location of a permanent residential swimming pool. At times, information provided has been determined to be inaccurate, which has resulted in improvements being constructed in inaccurate locations and stormwater drainage issues affecting neighboring properties or structures being built in utility easements.

 

Requiring an updated survey that shows existing and proposed conditions to be submitted with the building permit application provides a better representation of the property features (e.g. existing structures, grades, impervious surfaces, easements, septic systems, etc.) so that proposed pool improvements are sited correctly per city requirements.

 

An As-Built Survey at project completion provides written confirmation that the proposed improvements were constructed according to the approved plan(s). 

 

Due to the number of proposed changes, staff is recommending the existing language be repealed and replaced. A public hearing is not required for this proposed text amendment, as the ordinance is not part of the zoning or subdivision code (Title XV). 

The Code will be effective upon approval and publication. 

Budget Impact:
N/A
ATTACHMENTS:
Description
Ordinance O2024-002
Official Summary of Ordinance O2024-002
Redlines of Current Ordinance