PUBLIC HEARING: Consider Resolution #21-313 (Updated) Granting A Variance to 16501 Jarvis Street NW; Case of Allen and Alycia Skogquist

The purpose of this case is to consider a request from Allen and Alycia Skogquist (the "Applicants") for a self-closing pool cover in place of a fence surrounding a ground pool at 16501 Jarvis Street NW (the "Subject Property"). The Subject Property is approximately 127.11 acres over three parcels. The parcel containing the principle structure and pool is approximately 43.44 acres. The property is R-1 Rural Developing Zoning District. The Subject Property abuts Trott Brook river and wetlands. 

The Applicants were issued a Building Permit on September 16, 2021 for an accessory structure and swimming pool. The provided site plan showed that a fence would be installed per City Code. At this time, there is no fence surrounding the pool. 

The City attempted to send a mailing via Standard US Mail to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records, notifying them of the public hearing. The notice was also published in the Anoka County UnionHerald.

The Applicants were issued a Building Permit on September 16, 2021 for an accessory structure and swimming pool. The provided site plan showed that a fence would be installed per City Code. At this time, there is no fence surrounding the pool. 

The Applicants are requesting a variance from the fencing requirement for a ground pool to allow for a self-closing pool cover to satisfy safety requirements. Existing Ramsey City Code, Section 105-55 (b2), requires "all in ground swimming pools shall require that the area be secured by a permanent fence at least four feet in height". The Applicants have an automatic swimming pool cover that has the following safety standards: 

• The static load test for weight support. The cover should be able to hold a weight of at least 485 lbs (the estimated average weight of 2 adults and one child) to permit rescue operation.
• Perimeter Deflection Tests for entry or entrapment between the cover and the side of the pool. The cover must demonstrate that any opening is sufficiently small and strong enough to prevent the test object being passed through.
• The Surface Drainage Test that safeguards against a dangerous amount of water collecting on the cover’s surface.
• Labeling requirements must include basic consumer information such as the warranty information, the appropriate warnings as described in the standard and acknowledge the product as a safety cover.

Peer communities, Minnetrista and Elk River, do allow a four (4) foot fence to be replaced with an American Society for Testing and Materials (ASTM) certified, F1346-91 safety cover. Andover and Blaine allow alternatives to a fence, if approved by the Building Official.  

Variance Considerations
When considering granting a variance, statute states that the Planning Commission should consider the following three questions, which is the three-pronged test to decide if there is a practical difficulty onsite:

• Is the request reasonable? A pool is a reasonable request and an allowed use.  A Building Permit has been issued, but was contingent on the four (4) foot fence that was shown in the site plans. Other cities have allowed this specific pool cover type as an alternative to a permanent fence. The City Code requirement is in place for safety of all. According to the American Society for Testing and Materials (ASTM), the pool cover is safe. 
• Is the situation unique? The Subject Property is over 120 acres. There are few properties of this size in the City of Ramsey. The pool is not within a close proximity to adjacent property dwellings. 
• Would the request alter the essential character of the neighborhood? Staff does not feel that the request would alter the character of the neighborhood. The property and surrounding properties are part of the Rural Developing District with larger lot sizes.

Based on the three factor test above, Staff feels that the request meets the requirements to pass a variance.
 

The Applicant is responsible for all costs associated with this project and review.