2019-02-05 P & Z Packet - Laserfiche WebLink

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MEMORANDUM TO: Planning & Zoning Commission FROM: Kurt Glaser, City Attorney DATE: February 1, 2019 RE: Bay View Villas Requested Amendment To Planned Unit Development/Conditional Use Permit for Spa Tubs SUMMARY: The Developer wants Homeowners in Bay View Villas to have small lap pools or hot tubs in the rear of each home underneath a deck or on a rear patio. As written, the PUD / CUP, prohibits a Homeowner from having accessory structures such as pools or tubs. The Developer asks the Commission to amend its previous decision and allow Homeowners to have small lap pools or hot tubs. DISCUSSION: The Commission granted the Developer a Planned Unit Development. As part of the PUD process, the Developer asked the Commission to relax setbacks to accommodate a great density of homes. On lakeside lots, the Commission created a buffer between the homes and lake in order to capture and treat runoff that could pollute the lake. Granting these variances meant that the Commission created lots that are smaller and contained less usable space than otherwise allowed by the City's Code of Ordinances. The Commission created these 'smaller' lots on the condition that they not contain accessory structures. A Conditional Use Permit governs this condition stating: "No lot may contain an accessory structure or water- oriented accessory structure." The City's Code of Ordinances regulates pools or hot tubs as an accessory structure. The Code requires a safety fence or wall to surround each pool or tub. The height of this safety fence can range from 4 to 7.5 feet. The Code also allows homeowners to construct fencing around the perimeter of a lot with a fence height ranging from 3 to 6 feet. The PUD / CUP for Bay View Villas prohibits the construction of pools or tubs and the related safety fencing. The PUD / CUP do not prohibit a homeowner from constructing a fence around the perimeter of their lot. The Developer suggests a compromise of the restrictions contained in the Conditional Use Permit. The Developer wants the Homeowners to be able to have a small lap pool or hot tub in the rear of their homes, placed underneath a deck or on a patio. This includes the construction of safety fencing around the pool or tub. The Developer suggests the Commission grant Homeowners the right to construct a small lap pool, hot tub and safety fencing in exchange for prohibiting homeowners from constructing a perimeter fence. Restricting perimeter fences will reduce clutter or adverse sightlines on these 'smaller' lots. The Developer intends to use its Homeowners Association to restrict the height of safety fencing to 4 feet, and regulate the type and styles of safety fences, lap pools and hot tubs. 1