Planning MemoCITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhaII@ci.shorewood.mn.us
Celebrating 50 Years • 1956 - 2006
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 31 May 2007
RE: Bury — Proposed Zoning Code Amendment — Swimming Pool Fences
FILE NO. 405(07.04)
BACKGROUND
Blair and Sharon Bury have recently constructed a swimming pool on their property at 28160
Boulder Bridge Drive (see Site Location map — Exhibit A, attached). Pursuant to Section
1201.03 Subd. 2.f.(8) of the Zoning Code, they are required to enclose the pool with a four -foot,
nonclimbable fence with self -closing gates. Rather than simply enclose the pool area, the Bury's
choose to fence their entire rear yard, except for where their lot abuts a pond at the northwest
corner of their property. The location of the pool and the pond are illustrated on Exhibits B and
C, attached. They have applied for a Zoning Code text amendment that would recognize the
water feature as a barrier in lieu of the required fence. In their request letter (Exhibit D) they also
reference an automatic closing pool cover as additional protection against children inadvertently
falling into the pool. Their concerns with the fencing requirement is that it obstructs their view
of the pond and creates a barrier for wildlife coming up from the pond.
The subject property is zoned P.U.D., subject to R-IA/S zoning standards. The property contains
58,980 square feet of area and is occupied by the Bury's home and the new swimming pool. As
shown on Exhibits B and C, the property drops off between the house and the pond, changing
elevation as much as 17 feet. The proposed grading shown on Exhibit C, creates a terraced effect
from the pool area to the pond.
ANALYSIS/RE COMMENDATION
With any zoning text amendment, one of the first things staff does is to research what other cities
do with respect to the regulation in question. Although the applicants state that several
communities have eliminated the pool fencing requirement in instances where automatic covers
is
PRINTED ON RECYCLED PAPER
mosp
Memorandum
Re: Bury Pool Fence Amendment
31 May 2007
are installed. While there may be some, in the cities we checked (Chanhassen, Minnetonka,
Eden Prairie, Plymouth and Maple Grove), none allowed the pool covers as an alternative to
fencing. Two of the ordinances we explored referenced alternatives to fencing (e.g. buildings
and walls). However in discussing pool covers with their staffs, the common response was
concern that nothing guarantees that the pool will be closed whenever the pool is not in use.
With respect to the pond being recognized as a barrier in lieu of the fence, there are also issues.
First, the pond can be subject to fluctuation in level. Since the fence can not be placed in a
wetland, there is no way to ensure that someone can not get around the fence when the water is
low. Further, there is some indication that previous owners of the property may have altered the
wetland boundary. As shown on Exhibit E, the wetland area adjoining the open water ends
abruptly at the applicants' lot. Relative to providing an area for wildlife coming up from the
pond, there is nothing that requires the fence to immediately abut the pond. The fence could be
placed further east of the pond if that is the concern.
The concern of obstructing view is not uncommon. However, the applicants' property drops off
toward the pond. The terrace is shaped such that a fence placed at the toe of the first drop would
place the fence approximately four feet below the level of the pool deck. Also, there are fences
that are less obtrusive than others that blend better into the landscape. These are frequently used
by lakeshore owners concerned with their views of the water.
The issue of swimming pool fences was last discussed in 2003 and in 1995 before that. In both
instances, the provisions regarding pool fencing was upheld. In fact, the consensus in 1995 was
that nonconforming pool fences should be brought into conformity. Shorewood's current
requirements are well-founded in concern over safety. As such, it is recommended that no
change be made to the Code at this time.
Cc: Craig Dawson
Tim Keane
Blair and Sharon Bury
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O
co
Exhibit A
SITE LOCATION
Bury — ZoningText Amendment
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Exhibit C
SITE PLAN
With po-oT—
Reason for request: We would like the city to amend the ordinance requiring fencing the
entire parameter of our swimming pool. In this particular case, we don't feel it enhances
safety to fence the edge of a mucky private pond. You would have to go around the
fence, swim on a muddy bottom of the pond, and then fight the pool cover in order to get
in.
With today's technology in safety the times have changed; we are installing an automatic
pool cover, which can hold the weight of an elephant when it is closed and not in use.
Even with the pool cover open, the fence and the pond secure the entire pool. Several
Twin Cities communities have eliminated fencing all together because of this new
technology.
We would like to eliminate fencing only on the pond shoreline on our property. Our
intent is to fence up to the water line on both sides of the property. The pond lies within
Boulder Bridge Association property and is enclosed by woods on the south side. The
turtles and wildlife can still rest on the shoreline, however eliminating any trespassers and
still retaining the beautiful view we've come to love in Shorewood.
Thank you,
Blair and Sharon Bury
Exhibit D
APPLICANT'S REQUEST LETTER
FENCING REQUIREMENTS FOR POOLS IN
NEIGHBORING LAKE MINNETONKA CITIES
CITY OF ORONO NO FENCING REQUIREMENTS
DEEPHAVEN NO FENCING REQUIREMENTS
MINNETONKA BEACH NO FENCING REQUIREMENTS
TON" BAY DO NOT NEED TO FENCE WATER (NATURAL PERIMITER)
MOUND VARIANCE IN 06 TO FENCE TO WATERS EDGE
WAYZATA FENCE PERIMETER ONLY TO WATER'S EDGE
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