9CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Orlando Martinez de Castro, Acting City Manager
From: Christopher Brimo, AICP .... ff/
Planning Director (jy ITEM No.-E-Date: July 31, 2012
SUBJECT:
South Miami
bOd ;1iir
2001
An Ordinance amending Section 20-3.6(J)(1)(c) and (e) of the City's Land Development
Code, swimming pool rear-yard setback requirements.
SUMMARY OF REQUEST
On June 5, 2012, the Environmental Review and Preservation Board (ERPB) discussed and
recommended that swimming pools be allowed the design flexibility to be located closer to the
rear of the property. Currently, the Land Development Code requires swimming pools a
minimum rear setback of twelve and one half (12.5) feet from the rear lot line and the Board
members suggested that the distance requirement be reduced to ten (10) feet.
The proposed amendment to Section 20-3.6(J)(1)(c) and (e), Swimming Pools, that is before you
for review and recommendation accomplishes the ERPB's purpose. It reduces the swimming
pools minimum rear setback from twelve and one half (12.5) feet to ten (10) feet, and measured
from the water's edge rather than the edge of the pool.
On June 19, 2012 following a public hearing, and comments from the Chairman of the ERPB,
the Planning Board voted unanimously (6-0) to recommend approval of the proposed amendment
to the City Commission.
Proposed Amendments
20-3.6 -Supplemental regulations.
(J) Swimming Pools.
(1) Swimming pools which are open and unenclosed, or covered by a screen enclosure or a
screen enclosure not covering a swimming pool, may occupy a required rear or side yard,
subject to the following conditions:
(a) Minimum front setbacks shall be at the front building line.
(b) Minimum side setbacks shall be ten (10) feet from each side lot line.
(c) Minimum rear setbacks shall be twelve and one half (12.5) ten (10) feet from rear lot
lines.
(d) A walk space at least eighteen (18) inches in width shall be provided between pool
walls and fences or screen enclosure walls.
(e) All setback distances shall be measured from the outside wall of a pool waters edge.
RECOMMENDATION
Staff recommends that the City Commission approve the proposed amendment to the City's
Land Development Code.
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An Ordinance amending Section 20-3.6(J)(1)(c) and (e) of the City's
Land Development Code, swimming pool rear-yard setback
requirements.
WHEREAS, the Land Development Code ("LOC") of the City of South Miami ("City") provides for
setback requirements for swimming pools; and
WHEREAS, the Planning & Zoning Department received a request from the Environmental
Review and Preservation Board (ERPB) to review the rear setback requirements for swimming pools; and
WHEREAS, the ERPB felt that the rear setback requirement should be no more restrictive than
the current side setback requirement of ten feet; and
WHEREAS, the ERPB felt that the current rear setback requirement created a hardship when the
required distance from a structure's foundation was taken into consideration; and
WHEREAS, the ERPB felt that the current rear setback requirement was more restrictive that
surrounding municipalities; and
WHEREAS, on June 19,2012, Planning Board following a public hearing recommended that the
code be amended to change the current rear setback requirement and how it is measured by a vote of 6
ayes; 0 nays.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The South Miami Land Development Code, section20-3.6(J)(I)(c) and (e) shall be amended as
follows:
20-3.6 -Supplemental Regulations.
(J) Swimming Pools.
(1) Swimming pools which are open and unenclosed, or covered by a screen
enclosure or a screen enclosure not covering a swimming pool, may occupy a
required rear or side yard, subject to the following conditions:
(a) Minimum front setbacks shall be at the front building line.
(b) Minimum side setbacks shall be ten (10) feet from each side lot line.
(c) Minimum rear setbacks shall be twelve and one half (l2.5) ten (10)
feet from rear lot lines.
(d) A walk space at least eighteen (18) inches in width shall be provided
between pool walls and fences or screen enclosure walls.
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(e) All setback distances shall be measured from the outside wall of a
~ waters edge.
Section 2. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
cit'Y;()E sOutH MIAMI
PLANNING BOARD
RegGi~r:lYreetingMinutes ..• .. ci~1~li~f~~~re~··.";·
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 PM.
Pledge of Allegiance was recited in unison.
II.Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini.
Board Member absent: Mr. Cruz (Vice-Chairman).
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: None
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
There are no administrative matters at this time.
IV. Public Hearings
7. PB-12-022 Applicant: City of South Miami
An Ordinance amending Section 20-3.6 (J)(l)(c) of the City's Land Development Code,
swimming pool rear-yard setback requirements.
Dr. Whitman read the item into the record.
Mr. Brimo presented the item to the Board.
Mr. Vitalini inquired about the change of from the wall to the water's edge. He stated that
looking at it now it does make sense to change it to the water's edge. Mr. Brimo responded that
we have to amend the diagram if the Board chooses to move this forward it will reflect from the
water's edge.
Motion: Dr. Philips motioned to approve the item as proposed. This motion was seconded by
Mrs. Beckman.
Mr. Fernandez the Chairman of the Environmental Review and Preservation Board (ERPB)
presented the concerns of the ERPB.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Mr. Dundorf: Yes