Ord. No. 22-94-1572Page 1
DraftSeptember6,1994canopy.ord
Ordinance No.22-94-1572
AN ORDINANCE AMENDING SECTION 20-3.6,(N)(1)(c)OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,CHANGING
SIDE SETBACK REQUIREMENTS FOR CANOPY CARPORTS,AND
PROVIDING FOR SEVERABILITY,CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,
The Land Development Code of the City of South Miami currently requires a
setback of seven and one-half (7.5)feet from any side property linefor canopy
carportsinsingle-family residential districts;and
A number of existingresidentiallotsintheCityarelesswidethanthe60to125feet
of width for which the side setback regulation was intended;and
Forlots that arefiftyfeetwideorless,the 7.5f sidesetback requirement forcanopy
carports isoften counter-productive and/or unworkable;
NOW,THEREFORE,BEITORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.That theLandDevelopmentCodeoftheCityofSouthMiamibe,andherebyis,
amended to read as follows:
20-3.6
(N)Canopy Carports
(1)New canopy carports may be constructed as accessory structures in the front yard
setbackinresidentialdistricts,providedthatthey:
c)Shall be located at least five (5)feet from the front property line and seven
and one-half (7.5)feet from any side property line,except where existing
lot widths are fifty feet or less,in which case no side setback requirement
shall apply provided written consent of the adjacent property owner is
furnished to the Citv.
Section 2.If any clause,sentence,orphraseofthisOrdinanceisheldtobeinvalidor
Page 2
unconstitutional by any court of competent jurisdiction,then said holding shall inno way
affect the validity of the remaining portions of this Ordinance.
Section 3.The requirements of this Ordinance shall bein addition to each and every other
requirement of the City of South Miami Land Development Code,and in the case of
conflict,the provisions herein shall control.
Section 4.This Ordinance shall become effective immediately.
PASSED AND ADOPTED:This 20th day of De/ember,/,1994
APPROVED:
Mayor
ATTEST:MllfU^
City Clerk
ReadandApprovedastoform:
-^L/C.6<.//*/(-
City Attorney
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Dean Mimms
Director of Building,Zoning&
Community DevelopmentDept
Brian Soltz
Planning Technician
Re:
Date:October 5,1994
11/08/94 Planning BoardAgenda
Item #3:Canopy Carports Ordinance
REQUEST:
Applicant:Mayor&City Commission
Request:AN ORDINANCE AMENDING SECTION 20-3.6,(N)(1)(C)OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,CHANGING SIDE
SETBACK REQUIREMENTS FOR CANOPY CARPORTS,AND PROVIDING
FOR SEVERABILITY,CONFLICT,AND AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
See attached memorandum by Brian Soltz,Planning Technician.
RECOMMENDATION:
ThatthePlanningBoardvotetorecommendapprovaloftheproposedordinance.
COMPREHENSIVE PLAN:
Theproposedordinanceis consistent withtheGoals,ObjectivesandPoliciesoftheadopted
Comprehensive Plan.
APPLICABLE REGULATIONS:
The Land Development Code:
Section 20-3.6 (N)
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Dean Mimms,AICP Date:October10,1994
Director of Building,Zoning &(Revised November8,1994)
Community DevelopmentDept
From:Brian Soltz ^^sa^Re:Canopy Carports Ordinance
Planning Technician
InTheCity of SouthMiamitherearemanylotsthatare50feetorlessinwidth(frontage).
Homes ontheselotsarelocatedinsomecasesascloseas10feet(orless)tothesideproperty
line.Underthepresentregulations of theLandDevelopmentCodethepropertyownerswould
notbeallowedtoconstructacanopycarportontheside of theirhouse.TheCodepresently
allowsanypropertyownertoconstructacanopycarport anywhere inthefrontyardaslongas
itis5feetfromthefrontpropertylineand7.5fromanyside property line.
Canopycarportsmeansadetachable,roof-like clothormetalcover,supportedfromgradeor
thefloor of abuildingandfromthewalls of abuildingforthe protection of vehiclesfromsun
orweather.The7.5footsidesetback requirement isastandardbasedupon wider lotslocated
throughouttheCityandonlotdimensionssetforthintheLandDevelopmentCodewhichwas
adoptedin1989.
Thisordinancewas drafted totakeintoaccountthesmallerlotslocatedwithintheCity.The
ordinancewouldallowcanopycarportstobeplaceduptozerofeetfromthesidepropertyline.
Theordinancealsorequiresthepropertyownertoprovidewrittenconsentfromadjacent
property owners;thisrequirementmirrorsoneofthe requirements inthe Administrative Waiver
OrdinancepassedonOctober9,1994.AllotherregulationsinSection 20-3.6 (N)stillapply.
Staff made observations of homes that have carports withzeroside setbacks.The finding was
thatcarportsdonotcreateavisualnuisanceiflocatedonthesidepropertyline.Staff believes
thatthiselimination of sidesetback requirements forcanopy carports withlots of 50feet(orless)
inwidthis desirable,and recommends that this ordinance be approved.
cc:BillMackey,Planner
Attachments
SECTION 2Q~n.fi
(N)Canopy Carports
(1)New canopy carports shall be approved by the Board and may be
constructed as accessory structures in the front yard setback
in residential districts,provided that they:
Shall not exceed ten (10)feet in height measured from
grade to the uppermost point of the carport cover.
Shall not exceed twenty (20)feet in either length or
(a)
(b)
width.
(c)Shall be located at least five (5)feet from the front
property line and seven and one-half (7.5)feet from any
side property line.
(d)Shall have all four (4)sides left open if the structure
is freestanding and three (3)sides open if attached to
a principal building.
(e)Shall have a flexible,weather-proof,canvas or
canvas-like cover which shall be maintained in good
condition and free from holes,tears and fading.
(f)Shall,ifitbecomesdeteriorated,berestoredtoits
original condition or replaced with a new cover by its
owner which complies withthe requirements of this
Section.
(g)Shall not remain coverless or have a deteriorated cover
for more than fifteen (15)calendar days following
notification bytheCitythatthecover condition isin
violation of this Section.
(2)Canopycarportsexistingpriortoorontheeffectivedateof
this Codeand located in front yard setback areas in
residential districts shall be deemed conforming accessory
structures,provided that they:
(a)Shall have a permit from the Building and Zoning
Department.
(b)Shall comply with all applicable maintenance requirements
for new carports.
(c)Shall be used solely for the storage of operable vehicles
or boats.
(d)Shallhaveallfour (a\*****.,'..
To:
From:/
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
ayor&City Commission
City Manager
Date:December 14,1994
Re:12/20/94CommissionAgenda
Item #//:Canopy Carport Ord
Background:
Several property owners of single-family residences with existing homes which were built under
previoussetback regulations haveapproached Administration and requested thatcanopy carports
be allowed tobe placed ontheside property line.The firm of Dover,Kohl&Partners has
providedaproposed ordinance toamendtheLandDevelopmentCode regarding canopycarports.
Thisissueisnot addressed under the proposed administrative variance ordinance.Administrative
variance provisions allow fora reduction of required setbacks.The request fromthe public is
thatthe side setback requirement for canopy carports (only)be waived entirely for small lots.
Suchan amendment to Code is necessary to provide forthe conflicts at existing properties with
50feetorless of lot frontage where garage door openings and front door locations were designed
under previous regulations.The required side setback of IV2 feetfor canopy carports doesnot
allowthecanopycarporttoconnecttogaragesorbeplacedin accordance withhousedesign.
The proposed ordinance requires written consent ofthe neighboring property owner andthismust
befiledwiththe Building,Zoning &Community Development before any building permit is
issuedforsucha canopy carport.Adjacent property owner isthat property owner whois directly
adjacent tothe canopy carport.Triangle of visibility requirements intheLand Development
Code,precludecanopycarportsonthestreetsideof comer lots.
Recommendation:
1.Advantage to City:Reduces the requests for variances requiring Public Hearings.
2.Disadvantages to City:May allow foran increase in structures in the setback prior toa
determination of appropriate design standards for each neighborhood.
3.This Ordinance is sponsored by Administration.
4.The Planning Board voted 4-1to recommend approval.
5.This Ordinance refers to§20-3.6 (N)(l)(c)of the Land Development Code.
Dover,Kohl &Partners
Urban Design
Memorandum
Date:September 6,1994
To:City Attorney EarlGallop,Esq.
Planner Bill Mackey
CITY OF SOUTH MIAMI
From:Victor Dover,AICP
Subject:Ordinance regarding Canopy Carports in Residential Districts
Enclosed please find draft language for an ordinance amending the side setback requirements for
canopy carports,for yourreview.
I have prepared this draft pro bono (at no cost to the City)for you to use as you see fit.
I remain available to provide comment on the ordinance and intent or answer questions if that is
useful to you,the Manager,Planning Board or City Commission.Please let me know if this item
will appear ona Planning Board or Commission agenda in the near future.
Thanks!
SEP -7 1994 I
#12
REGULAR CITY COMMISSION MEETING
SEPTEMBER20,1994
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING SECTION
20-3.6 (N)(1)(C)OF THE LAND DEVELOPMENT CODE OF TO CITY OF
SOUTH MIAMI,CHANGING THE SIDE SETBACK REQUIREMENTS FOR CANOPY
CARPORTS AND PROVIDING FOR SEVERABILITY,CONFLICT AND AN
EFFECTIVE DATE.
MovedbyCommissioner Cooper,secondedbyCommissioner
Cunningham,thisbe considered the first readingofthe ordinance
anditbe placed on second reading and public hearing after
consideration by the Planning Board.
Building,Zoning&CommunityDevelopmentDirector Mimms
explained the existing Coderequirements.
Discussionwasheldwithregardtothisproposedordinanceand
the administrative varianceordinancetheCityCommissionhas
considered.MayorCarverstatedthathewouldagreewitha
reductionofsetback requirements,butnotwithbuildinguptoa
property line.Inaddition,hewouldnotbeinfavorofaddressing
substandard lots,and not theother residential properties.City
Attorney explained the origin of the ordinance and noted that
Building&Zoninghavestatedtohimthatalargenumberof
residentshavecarportsuptotheproperty line.Thisordinance
wouldpermitthecanopycarportsthatarein place.Mayor Carver
saidthathehasno objection withcanopy carports,butonly
objectionofrightuptotheproperty line.
Commissioner Cooper addressed thesetback requirements and
statedthat'buildingsareusedforsomethingotherthanbeingput
inthe middle ofopenspaceand becoming anobjectin space,but
becomea definer ofspace'.Hewouldliketoseethis ordinance go
tothe Planning Boardtoget their opinion.He cited theislands
ontheVenetianCausewayasprime examples ofcarportswhichabut
eithersideorfrontproperty lines.
Vice-Mayor Young stated that he also has concerns butis
willing to send ittothe Planning Board for Staff and Planning
Boardrecommendations.Healsosuggestedslidestoshowthe
ambiencetowhichCommissionerCooper referred.
Motion on ordinance,first reading,passed 5/0:Mayor Carver,
yea;Vice-Mayor Young,yea;Commissioner Bass,yea;Commissioner
cooper,yea;Commissioner Cunningham,yea.
PB-94-021
Applicant:Mayor &City Commission
Request:AN ORDINANCE AMENDING SECTION 20-3.6,(N)(1)(C)OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,
CHANGING SIDE SETBACK REQUIREMENTS FOR CANOPY CARPORTS,
AND PROVIDING FOR SEVERABILITY,CONFLICT,AND AN
EFFECTIVE DATE.
Mr.Kerr read request.Staff recommended approval of the
proposedordinance.Staffgaveaslidepresentationhighlighting
existing canopy carports insetbacks(along property lines)on
the Venetian Causeway.
TheBoard expressed concern regarding a possible drainage problem
from canopy carports onsite.
Public Hearing wasopened.There being no persons wishing to
speakeitherfororagainsttheproposedordinance,thePublic
Hearingwas closed and executive session wasopened.
TheBoard discussed requirements as they would pertain to written
consent of surrounding property owners.For example purposes,
Staff confirmed that in the case of an Administrative Waiver,the
written consent ofa property owner across the ROW is required
for approval in reduction ofa front setback.
Motion:Mr.Gutierrez moved approval ofthe proposed ordinance,
based on the condition that the following language be
incorporatedintothesaidordinance:"Thewrittenconsentofall
the property ownersofall adjacent orabuttinglotstothe
subject property,and the written consent ofall the property
owners of all lot(s)immediately across the street from the
propertyforsetbacksfacingpublicrights-of-way"shall
accompany the application.Ms.Thornersecondedthe motion.
Vote:
Motion failed.
Approved:2
(M.Gutierrez)
(C.Thorner)
Disapproved:3
(S.Basu)
(0.Kerr)
(P.Eisenhart)
Motion:Mr.Kerr moved approval ofthe proposed ordinance
Basu seconded the motion.
Vote:
E»B M±r»11/8/94
Approved:4
(M.Gutierrez)
(S.Basu)
(O.Kerr)
(P.Eisenhart)
Disapproved:1
(C.Thorner)
Mr,