HomeMy WebLinkAbout2013-09-12 BZA PacketBOARD OF ZONING ADJUSTMENT
2950 NW VIVION ROAD, RIVERSIDE, MO 64150
AGENDA
September 12, 2013
6:00 P.M.
1 Call to order
2. Roll call
3. Public Hearing: To consider an appeal of administrative interpretation and decision
to allow the installation of a power cover in place of a fence for an in ground
swimming pool at 4148 NW Redbud Lane.
4. Adjournment
Sarah Wagner, Community Development
ATTEST:
Posted 9/9/13 1:00 P.M.
CITY OF
RIVERS
MISSOURI
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City of Riverside
Staff Analysis Report
Case Number BZA13-01 Appeal
4148 NW Redbud Lane
General Information
Appellant: Trisha & Mike Carnahan
Location: 4148 NW Redbud Lane
Application: Appeal of an Administrative Interpretation and Decision to allow a pool cover in place of a
fence.
Zoning: PD -Planned Development
Existing Land Use: Single Family Residential
Analysis
The appellant, Trisha and Mike Carnahan, are requesting an appeal of an administrative interpretation
and decision regarding the installation of a pool cover in place of a fence. The City of Riverside has
adopted the 2012 International Residential Code (IRC) which requires in -ground pools to be fenced in
accordance with Section AG 105.2 that states:
Outdoor swimming pool. An outdoor swimming pool, including an in -ground, above -ground or on -
ground pool, hot tub or spa, shall be surrounded by a barrier which shall comply with the following:
1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of
the barrier which faces away from the swimming pool. The maximum vertical clearance
between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of
the barrier which faces away from the swimming pool. Where the top of the pool structure is
above grade, such as an above -ground pool, the barrier may be at ground level, such as the pool
structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the
pool structure, the maximum vertical clearance between the top of the pool structure and the
bottom of the barrier shall be 4 inches (102 mm).
2. Openings in the barrier shall not allow the passage of a 4 -inch -diameter (102 mm) sphere.
3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain
indentions or protrusions, except for normal construction tolerances and tooled masonry joints.
4. Where the barrier is composed of horizontal and vertical members, and the distance between the
tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall
be located on the swimming pool side of the fence. Spacing between vertical members shall not
exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical
members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
5. Where the barrier is composed of horizontal and vertical members, and the distance between the
tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical
members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical
members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
6. Maximum mesh size for chain link fences shall be a 2 1/4 inch (57 mm) square, unless the fence
has slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches
(44 mm) .
7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum
opening formed by the diagonal members shall not be more than 1 3/4 inches (44 mm).
Page 1 of 3
8. Access gates shall comply with the requirements of items 1 through 7, and shall be equipped to
accommodate a locking device. Pedestrian access gates shall open outward away from the pool,
and shall be self-closing and have a self -latching device. Gates, other than pedestrian access
gates, shall have self -latching devices. Where the release mechanism of the self -latching device
is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and
openings shall comply with the following:
8.1 The release mechanism shall be located on the pool side of the gate at least 3 inches (76
mm) below the top of the gate; and
8.2 The gate and barrier shall have no opening larger than Y2 inch (12.7 mm) within 18
inches (457 mm) of the release mechanism.
9. Where the wall of a dwelling serves as part of the barrier, one of the following conditions shall
be met:
9.1 The pool shall be equipped with a powered safety cover in compliance with ASTM F
1346;
9.2 Doors with direct access to the pool through that wall shall be equipped with an alarm
which produces an audible warning when the door and/or its screen, if present, are
opened. The alarm shall be listed and labeled in accordance with UL 2017. The
deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold
of the door; or
9.3 Other means of protection, such as self-closing doors with self -latching devices, which
are approved by the governing body, shall be acceptable as long as the degree of
protection afforded is not less than the protection afforded by item 9.1 or 9.2 described
herein.
10. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top
of the pool structure, and the means of access is a ladder or steps:
10.1 The ladder or steps shall be capable of being secured, locked or removed to prevent
access; or
10.2 The ladder or steps shall be surrounded by a barrier which meets the requirements of
items 1 through 9. When the ladder or steps are secured, locked or removed, any
opening created shall not allow the passage of a 4 inch diameter (102 mm) sphere.
Instead of the above referenced code, the applicant is proposing an alternative from the 2012
International Swimming Pool and Spa Code. It states:
Section 305 Barrier Requirements
305.1 General. The provisions of this section shall apply to the design of barriers for aquatic vessels. The
design controls are intended to provide protection against the potential drowning and near drowning by
restricting access to such vessels. The requirements provide an integrated level of protection against
potential drowning through the use of physical barriers and warning devices.
Exceptions:
1. Spas and hot tubs with a lockable safety cover that complies with ASTM F 1346.
2. Swimming pools with a powered safety cover that complies with ASTM F 1346.
The City did not adopt the 2012 International Pool and Spa code because they felt that the 2012
International Residential Code adequately addresses the construction and safety requirements for
swimming pool construction. The City did adopt Appendix G: Swimming Pools, Spas and Hot Tubs of
the 2012 International Residential Code that specifically addresses pool construction. Staff feels that the
intention of the 2012 International Residential Code requirement of a fence as a barrier mechanism is to
protect the general public from the risks associated with a swimming pool. The power safety cover as a
barrier mechanism is to protect the home owner and its occupants from the risks associated with a
swimming pool. The appellant list the City of Olathe as one jurisdiction that has adopted the 2012
International Swimming Pool and Spa Code, which staff has confirmed. However, staff has found that
Page 2 of 3
the cities of Kansas City, Missouri, Liberty, Parkville, North Kansas City and Platte County have not
adopted this code and do require that all in -ground swimming pools have a fence per the 2012 IRC
Appendix G.
Procedure
The Board of Zoning Adjustment does not have the authority to grant the appellant a variance on safety
issues. The appeal must be based on the claim that the provisions of the code have been misinterpreted ,
that the provisions do not apply to the appellant's circumstances, or that where an alternative method or
technique of construction is used it has been shown to be at least equal to the code requirements.
Attachments
• Location Map
• Site Plan
• Pool Cover Examples
• Applicant Request Letter
Page 3 of 3
BZA Appeal 4148 NW Redbud Lane
Attachment: Project Location Map
Safety - Cover -Pools Pool Covers
COVER • POOLS'
Page 1 of 2
A Cover -Pools pool cover saves lives.
X, Girl and Ball Protected by Cover
A safety pool cover offers numerous benefits for swimming pool owners, but the benefit that trumps them
all is that they prevent drowning.
As a safety device, the cover acts as a horizontal fence, completely sealing off the pool and preventing
accidental access to the pool water by children, pets, and uninvited visitors.
And while there's no substitute for proper supervision, your pool can be protected even when you're not
around. It's the ultimate safety barrier that no pool should be without.
http://www.coverpools.com/pool-cover-benefits/safety 8/15/2013
TRCN (Trisha Carnahan)
From: Carnahan,Mike <Mike.Carnahan@Cerner.com>
Sent: Thursday, August 15, 2013 9:06 PM
To: TRCN (Trisha Carnahan)
Subject: FW: Riverside Swimming Pool Code
From: Carnahan,Mike
Sent: Friday, August 02, 2013 12:10 PM
To: 'mfuller@riversidemo.com'
Subject: Riverside Swimming Pool Code
Mike —
I've been a resident in Briarcliff Hills for about a year. 1 want to ask your help on an issue we've encountered around
pool fencing, The code/ordinance of Riverside calls for a fence to be built around any pool. This makes sense of course
but I'm looking at an alternative that several other cities and counties in the area allow. This alternative was set forth by
the International Pool and Spa Code. Section 305.1 under exceptions (attached) outlines this.
I'm basically looking at a powered cover for my anticipated pool. This cover can only be opened when a special key is
used to access a locked, box next to the house. The cover can withstand several hundred pounds of force and CAN NOT
be opened without the key. 1 want this to protect my family first and foremost. ! know as a homeowner keeping others
out is my responsibility and there's nothing on the market that can do a better job of that then this cover. My 65 year
old dad can still get over a 4 foot fence that is currently required! No one can get around this cover.
I want to enhance the beauty of my home while being safe and increasing property values. Olathe and others are
allowing homeowners to install these covers without a fence. I welcome the opportunity to discuss this with you. I
understand there are higher priority items on your docket but I'm hopeful that a code or ordinance change might be
possible.
Thank you for your time —
Mike Carnahan
4148 N. Redbud Ln
816.668.1893