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1 <br />6 WC'-- I • w / ' - — ; <br />101989.1 <br />'-X <br />TO: <br />FROM: <br />DATS: <br />Mayor and city Council <br />Mark E. Bernhardson, City Administrator^ <br />October 19, 1989 <br />vO*t- <br />y <br />SUBJECT: Oversized Accessory Structures Ordinance > Regulation‘o£ <br />Pools <br />Attachment: A. Oversized Accessory Structure Memo Dated 7/21/89 <br />B. August 14, 1989 Minutes (Excerpt) <br />ISSUE - Presentation to Council on background regarding the <br />exclusion of pools in determining accessory structure allowances. <br />INTRODUCTION - On September 25, 1989, Council <br />discussed reconsideration of the issue of pools being included as <br />accessory structures for the purpose of determining "percent of <br />lot coverage by buildings”, only when such pools have a fence <br />that exceeds six feet in height. <br />DISCUSSION - Prior to the introduction of the accessory <br />structures ordinance, any pool under 1,000 square feet that met <br />the applicable setbacks cou.ld be constructed in a yard without <br />any variances. <br />The oversized accessory structure ordinance recently adopted <br />contains a number of specific regulations pertaining to pools as <br />follows: <br />A. Any pool of basin structure greater than 1,000 square <br />feet must meet minimum setback requirement greater than <br />the normal 10 foot setback. <br />B. For all lots under 2 acres in area there is a 15% <br />maximum limit on lot coverage by buildings, which <br />include both principal and accessory structures. Any <br />lot regardless of size would be allowed a minimum of <br />2,000 square feet of buildings. Pools and tennis courts <br />with fences over six feet high would be considered as <br />accessory structures for purposes of this calculation. <br />As noted in Attachment A, tue issue raised at the August 14, 1989 <br />meeting involved whether the regulation of these accessory <br />structures was one of visual density or mass, or if in fact it <br />was on a different basis than being total structural foot print <br />of a lot. As noted above the exceptions in the accessory <br />structure ordinance were for tennis courts, pools and patios and <br />other open structures, including paddocks and arenas, with fences <br />no higher than six feet in height. These represent a diverse <br />range of "structures". A swimming pool is the most substantial <br />of the above items considered as a structure, as opposed to a <br />paddock or arena which is not so much a structure as an area that