CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance granting a variance to permit a lockable spa cover and waive the additional barrier requirement for 2515 Pine Cone Court
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Peter Zibble, Operations Manager
BOARD/COMMISSION REVIEW:
The Building Review Board (BRB) considered this matter on June 15, 2022. Following the presentations made by staff and the applicant, the Board asked a few questions confirming the details of the lockable cover and the installation of security cameras on the house. There were no public speakers. The BRB voted to recommend approval of the variance with the caveat that a camera would be trained on the area of the spa. (Approved, 5-0). Staff concurs.
BACKGROUND:
The City amended the 2018 International Pool and Spa Code (IPSC) to require barriers for all pools and spas regardless of whether or not they are equipped with a lockable safety cover. The one exception provided in the amendment is for spas or hot tubs that are pre-manufactured, self-contained units equipped with lockable safety covers. Such spas or hot tubs were excepted because they are above-ground and are significantly more difficult to enter even if inadvertently left uncovered. The resulting barrier requirement for all other aquatic vessels is generally satisfied by a fenced yard.
The applicant is seeking a variance to the City's local amendment and requesting that an in-ground spa with lockable cover be permitted, but that the additional barrier requirement (i.e., fence) be waived. The applicant argues a hardship due to HOA restrictions on fences in the neighborhood.
DISCUSSION:
The applicant provided the following narrative describing the proposed improvements:
Due to the fact that our HOA does not allow fencing, we are requesting that in lieu of a fence we are allowed to install a hot tub with a secure electronic cover. Specifically an ASTM-1346 approved automatic/ele...
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