Minutes - Planning Commission - 09/27/2022

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City Planner McCann presented the Staff Report stating that based upon discussion staff could prepare and present an ordinance at the regular meeting of the Planning Commission on October 27, 2022 for the removal of zoning permits from the Zoning Code. Commission Business Commissioner VanScoy asked and received confirmation that a swimming pool over 5,000 gallons would continue to require a building permit. City Planner McCann confirmed that there is a building permit for a swimming pool over 5,000 gallons. He noted that currently there is a zoning permit for pools under that threshold. Commissioner VanScoy asked if there are still the same requirements for fencing and safety. City Planner McCann noted that if a pool is under that size, it would be above ground. He noted that a pool is required to have a fence surrounding the property or pool. Senior Planner Anderson noted that above ground pools with a sidewall of four feet or higher would be exempt from the fencing requirement as it would be equivalent of having a four -foot fence. He provided additional clarity on the definition of pool, which would equate to a 16-foot diameter for an above ground pool. He noted that if a pool does not meet those criteria, it would not be considered a pool. Commissioner Anderson asked how this would impact the case that was considered the previous month by the City Council (shed and patio being placed on an easement). He stated that his. concern would be without checking to ensure the homeowner is doing things correctly, how would the City ever know. He stated that without checking, people will place things where they want. Planning Manager Larson replied that this would not change that, as the shed and patio were placed in areas they should not be. He stated that most residents completing a project will call City staff to ask for input and staff provides that infoiriration. He noted that this would simply eliminate the requirement for a person to put that plan on paper, staff to review that and provide the permit. He noted that in either instance staff does not follow up to ensure the plans are followed, so this simply eliminates the delay a resident experiences from waiting for a permit and the cost of $25. Commissioner Anderson stated that tells him there is a problem as there have been a number of cases where the resident has put things where they feel and does not follow the rules. He stated that somehow the City needs to check on that and therefore he has issue with changing things. Commissioner Gengler stated that she is amenable to this change as it would place less burden on staff and would not really change the outcome. She referenced the comment made by staff that Fridley was considering going back to zoning permits and asked if there was any information provided by that community as to why. Planning Commission/ September 29, 2022 Page 6of14