08-13-90 Zoning & Vacation - Laserfiche WebLink

Home Browse Search

Zoning and Vacation Committee August 13, 1990 Page 2 Following further discussion, Council Member Nieczgodski made a motion seconded by Council Member Zakrzewski that the Committee recommend that Bill #29-90 be recommended to be struck from the agenda at this evenings meeting. The motion passed. The Committee then reviewed Bill #32-90 which would amend section 21-1 of the South Bend Municipal Code addressing the definition of swimming pool. Council Member Puzzello noted that a Substitute Bill was on file with the City Clerk and that it received a favorable recommendation by the Area Plan Commission at its meeting of July 17, 1990. She noted that she is most concerned about the safety of both inground and above ground pools, however did not want to have the City create an undue hardship by unreasonable fencing requirements. Council Member Slavinskas noted that he had filed a Bill, namely Bill #74-89 and later withdrew it since it was his understanding that a state law was in effect requiring 5 foot fences around pools. He stated that he is concerned with regard to "wading pools" and believes that those types of circumstances create attractive nuisances. The Council Attorney noted that some communities address pools by requiring coverings on wading pools or requiring them to be drained after use each day. Council Member Coleman stated that this was a very subjective area and he believes that the Council needs further expertise before taking formal action in this area. Mr. Robert Sante of The Area Plan Staff noted that the requirement in question would change the definition of swimming pool which is currently defined as anything over 24 inches in depth to include all structures inground or those above ground with a depth of 42 inches or greater which have a controlled, filtered water supply thereby eliminating the fencing requirement for above ground pools which are less than 42 inches deep or those that do not have a controlled filtered water supply. Following further discussion it was recommended that the Bill be continued until the Council Meeting of September 10. The next item on the agenda was to review Bill #34-90, which would amend the property located at 3822 Lincolnway West.