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Home My WebLink AboutX-C-01 Appeal of Administrative Decision - Hudella (15213 Ravenna Tr)City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: May 16, 2022 Item: Resolution: Appeal of Administrative Decision – Non-Climbable Fence for A Swimming Pool - Hudella - 15213 Ravenna Trail. Council Action Requested: Consider the request of Shane Hudella owner of 15213 Ravenna Trail to appeal the decision of an administrative official (Building Official Travis Dunn) that a cable rail fence constructed around a swimming pool is climbable and in violation of Hastings City Code Section 155.05, Subd. F.4. The City Council acts as the Board of Adjustment and Appeals in considering the request. Reversal of a decision by an administrative official requires the support of six of seven councilmembers. Board of Adjustment and Appeals: City Code Chapter 30.02 establishes the Board of Adjustment and Appeals, designating the City Council to act as the Board. Subd. G – establishes the parameters for reversing the decision of an administrative official as follows: In exercising the above mentioned powers, the Board of Adjustment may, so long as the action is in conformity with the terms of the provisions of the City Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as ought to be made and to that end shall have the powers of the administrative official from whom the appeal is taken. The concerting vote of 75% of the entire Board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under provisions of the City Code including special use permits or to effect any variation in the application of Chapter 155. City Code Regulation: Hastings City Code Section 155.05, Subd. F.4 regulates the placement of fences within the Zoning Code and states the following: Height restrictions. The maximum height of any fence installed within a residential zoning district of the City of Hastings is 6 feet; however, fences installed within the front yard are limited to a maximum height of 3.5 feet or 42 inches. Fences installed around swimming pools from ground up must be a minimum of 4 feet high and non-climbable X-C-01 with a self-closing, self-latching gate. Maximum height of all fences shall be in compliance with the city zoning code or as approved by the Planning Commission. Background Information: Performance Pools and Spas (PPS) applied for a building permit to construct an in-ground pool and fence on behalf of Mr. Hudella on 2/17/21. The permit identified the placement of the pool and fence, but did not indicate that the fence would be cable railed. The permit was issued on 2/24/21. Via a 7/27/21 email Mr. Hudella stated he would be installing the fence instead of PPS. On 10/5/21 Building Inspector Craig Schultz inspected the fence and determined it did not meet City Code because it was climbable. Via a 10/13/21 email Building Official Dunn concurred with Inspector Schultz’s assertion that the fence was climbable and did not meet City Code. Email correspondence between the City and Mr. Hudella pertaining to the permit and violation is attached to this report. Appellant argues that the pool has a lockable cover, however, this does not negate the requirement that the fence be non-climbable. It has been found that lockable covers are not fool-proof and wear out over time or are left unlocked, leaving them accessible. Appellant Position In the attached email communication with Mr. Hudella he contends the following: - 3 residences in town that were not required to even have a fence with the type of lockable heavy duty auto-cover that we have. - Letters from several commercial contracting companies such as Ryan Co explaining that cable rail systems are still widely accepted and considered no more climbable than chain link. - Email traffic where I offered to submit plans on the fence, an was told I didn’t need to, just to ensure the fence was 48” high with self-closing gates, which I did. No further information was received from Mr. Hudella prior to release of this report. Staff Determination Staff’s position is that the cable rail fence is climbable and therefore in violation of Hastings City Code Section 155.05, Subd. F.4. The intent of this requirement is to prevent injury to children who may attempt to access the pool by either scaling the fence, or squeezing between the cable rails. The tension of the cable wires may loosen over time easing ability to access the site an\or posing a choking hazard for children that may get caught between wires. Acceptable Modifications to Existing Fence Staff has discussed with Mr. Hudella potential modifications to the fence to meet ordinance requirements. Mr. Hudella could utilize the existing fence post, install a rigid top and bottom rail and affix a non-climbable chain link mesh fence. Financial Impact: N\A X-C-01 Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Resolution Affirming the Decision of the Building Official • Site Map • Site Pictures • Communication to/from appellant • Building Permit Application X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AFFIRMING THE DECISION OF AN ADMINISTRATIVE OFFICIAL – DETERMINATION OF A CLIMBABLE FENCE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Shane R. and Jessica A. Hudella (“Owners”) of property located at 15213 Ravenna Trail and legally described as follows (“Subject Property”): Part of the Northeast Quarter of Section 35, Township 115, Range 17 commencing at the northeast corner; thence west 166.22 feet; thence south 00 degrees, 09 minutes, 40 seconds west a distance of 1138.84 feet to the centerline of County Road 54; thence north 82 degrees, 01 minute, 55 seconds west on said centerline a distance of 371.29 feet to the point of beginning; thence continuing northwest along said centerline a distance of 309.71 feet; thence south 07 degrees, 58 minutes, 05 seconds west a distance of 707.89 feet; thence south 82 degrees, 01 minute, 55 seconds east a distance of 271.33 feet; thence north 15 degrees, 36 minutes, 03 seconds east a distance of 434.30 feet; thence north 03 degrees, 59 minutes, 15 seconds east a distance of 278.11 feet to the point of beginning. WHEREAS, the Owners submitted a building permit to construct an in-ground pool and perimeter fence on the Subject Property; and WHEREAS, of Hastings City Code Section 155.05, Subd. F.4. regulates the placement of fences within the Zoning Code and states “fences installed around swimming pools from the ground up must be a minimum of 4 feet high and non- climbable with a self-closing, self-latching gate”; and WHEREAS, the Owners constructed a perimeter fence around the in-ground swimming pool of a cable rail design that has been deemed climbable by the City’s Administrative Official (Building Official Travis Dunn) in violation of Hastings City Code Section 155.05, Subd. F.4; and WHEREAS, the Owners have submitted an Appeal of Administrative Decision contending that the perimeter fence around the swimming pool is not climbable and has petitioned for a reversal of the decision made by the Administrative Official in accordance with Hastings City Code Chapter 30.02 (G) – Board of Zoning Adjustment and Appeals; and WHEREAS, the City Council serves as the Board of Zoning Adjustment and Appeals pursuant to City Code Chapter 30.02 (A); and X-C-01 WHEREAS, on May 16, 2022, a review hearing was conducted before the City Council as required by city ordinance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The City Council hereby rejects the appeal and affirms the decision of the Administrative Official finding that the cable rail perimeter fence around the in- ground swimming pool is climbable. 2. The Council further agrees with the Administrative Official’s determination that the intent of the Ordinance provision is to prevent injury to children who may attempt to access the pool by either scaling the fence, or squeezing between the cable rails. 3. The appellant is hereby ordered to construct a fence that complies with City Code. Adopted by the Hastings City Council on May 16, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-01 Site Location X-C-01 Existing Cable Rail Pool Fence X-C-01 Staff Suggested Modification to Make Fence Non-Climbable X-C-01 1 John Hinzman, AICP From:Shane Hudella <shaneh@unitedheroesleague.org> Sent:Wednesday, April 27, 2022 2:12 PM To:John Hinzman, AICP Subject:RE: Pool Pics CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify the sender and know the content is safe. Hi John, I hope you are doing great and all is well at the city. Hey I hate to be a pain in the butt on this but I’d like to bring it to council. While the odds may not be in my favor based on your experience, I think I have a shot at it, and really don’t have anything to lose. If there is a process of submitting any documents in advance let me know I currently have: ‐ 3 residences in town that were not required to even have a fence with the type of lockable heavy duty auto‐ cover that we have. ‐ Letters from several commercial contracting companies such as Ryan Co explaining that cable rail systems are still widely accepted and considered no more climbable than chain link. ‐ Email traffic where I offered to submit plans on the fence, an was told I didn’t need to, just to ensure the fence was 48” high with self‐closing gates, which I did. Thanks so much and sorry for the delay this campaign business is a huge time commitment holy cow! Shane Shane Hudella 1SG (Ret.) US Army President & Founder United Heroes League 651‐319‐0737 www.UnitedHeroesLeague.org From: John Hinzman, AICP <JHinzman@hastingsmn.gov> Sent: Wednesday, March 23, 2022 1:30 PM To: Shane Hudella <shaneh@unitedheroesleague.org> Subject: RE: Pool Pics Hi Shane, Sorry for the lateness of my reply. In reviewing options for the pool fence there are two possibilities. 1) You have the option of appealing the decision of a staff member to the City Council who serves as the Board of Adjustment and Appeals. Staff contends that your fence does not meet the non‐climbable provision of City Code; you could ask City Council to overrule staff’s decision to find the fence non‐climbable. In my 20 years at X-C-01 2 the City we’ve had less than five of these type of decisions before the Council, and I don’t’ believe the Council has overruled staff. 2) Modify the existing fence. I’ve spoken with Travis it could be modified by using a top and bottom rail and applying chain link infill to the wooden posts (see picture below) Let me know if you have any questions. John Hinzman, AICP Community Development Director City of Hastings | City Hall | 101 4th Street E | Hastings, MN 55033 Direct: 651‐480‐2378 | Mobile: 651‐755‐5914 | Fax: 651‐437‐7082 Communication Optimal Service Respect for Resources Enthusiasm From: Shane Hudella <shaneh@unitedheroesleague.org> Sent: Tuesday, March 8, 2022 4:07 PM X-C-01 3 To: John Hinzman, AICP <JHinzman@hastingsmn.gov> Subject: Pool Pics CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify the sender and know the content is safe. Hi John thanks again for taking the time to meet today! I’ll send a separate note with a few pics / video’s from UHL Monument, Confidence Course, and Rink just to get you up to speed on those. The Minnesota Vikings will be out on the course a bunch this summer with the team and some high school football clubs from around the metro. I don’t know if you / the city want to know about stuff like that, but between the 3 assets we have been drawing a TON of outside school sports teams Anyhow – Thanks for taking a minute to look at my pool fence scenario as well. At the end of the day I want to do right / play by the rules with the city but I feel really strongly on this one too, other pools with this type of auto‐cover haven’t even been required to have fencing in the past, and I do think mine meets code with the cabling being 3.5 inches apart. Any guidance appreciated on it. Thanks again, Shane Shane Hudella 1SG (Ret.) US Army President & Founder United Heroes League 651‐319‐0737 www.UnitedHeroesLeague.org X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01