The URL can be used to link to this page

Home My WebLink About2008 02 25 Regular 605 Draft Code Language to allow Detached Garages Subject to ConditionsCOMMISSION AGENDA ITEM 605 Consent Informational Public Hearing Regular X February 25, 2008 MGR. /DEPT Meeting A thorization REQUEST: The Community Development Department requests the City Commission consider draft code language that would allow detached garages, subject to conditions. PURPOSE: The purpose of this Agenda Item is for the Commission to consider draft code language to allow new detached garages larger than the currently prescribed 240 square foot (SF) limit, subject to conditions to ensure compatibility, proportionality, harmony, setbacks, and lot coverage. Subject to the Commission's comments, staff, in conjunction with the City Attorney, will take the proposed language as an ordinance to the Planning and Zoning Board and back to the Commission for adoption. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes Chapter 6, City Code Chapter 20, City Code CONSIDERATIONS: Section 6-84 of the City Code allows a maximum of two (2) accessory buildings no larger than 240 SF or 12' high on a residential lot, unless connected to the principal structure (the house). All accessory buildings must be located behind the building line established on the lot by the location and orientation of the principal structure. Section 20-1 of the Code defines a private garage as an accessory building. Ordinance No. 2003-02 amended the section to allow the number, height, and size requirements to be varied from the Code, conditioned upon the subject property being located within the Residential Rural Future Land Use (FLU) designation and the Commission approving a conditional use for the structure. Approval of the conditional use requires that all of the following are met: a) The proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures; b) The proposed accessory building will not adversely impact land use activities in the immediate vicinity; c) The height of the proposed accessory building does not exceed the height of the principal February 25, 2008 Regular Agenda Item 605 Page 2 of 2 structure; and d) The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. Approximately two (2) entities have utilized this mechanism to build larger detached garages. Others have inquired of the process. Most of these inquiries were for properties that were not within the Residential Rural FLU designation. Further, on July 9, 2007, the Commission approved a development agreement to allow a 1,024 SF (32' x 32') detached single story (11' 4" to the eaves; 20' to peak of the 12/6 pitched shingle roof) multi-car garage for the property at 932 Arabian Avenue. The property has a Residential Rural FLU designation. Private garages are clearly subordinate and accessory structures to the primary structure -the home. Traditional neighborhoods typically had separate proportionally sized garages behind the principal structure. The primary concerns include, keeping the accessory structure behind the principal structure as well as proportional to and in harmony with the principal structure and the neighborhood. These larger (exceeding 240 SF) accessory structures must conform to the bulk zoning requirements of the district, such as building setbacks and lot coverage, just as if they were the principal structure. Staff believes that the proposed code language will provide a reasonable mechanism for construction of detached garages that will be compatible with development on that particular lot and with surrounding neighborhood. STAFF RECOMMENDATION: Staff recommends the City Commission consider and provide comment on the proposed code language. ATTACHMENTS: A -Draft Code Language COMMISSION ACTION: ATTACHMENT A Sec. 6-84. Accessory buildings. (a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, private garages party houses, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters:1 except that~rivate gars eg s may be used as living,QUarters where allowed bode and subject to a building permit for such use. (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. However private detached garages may exceed the two hundred forty (240) square foot threshold but may not exceed one-third (1/3) of the air-conditioned floor area of the principle structure. Detached private gara eg s may exceed the twelve foot (12') height restriction without City Commission approval but must otherwise meet all specifications listed in Section (f~ (3) of this code. (c) Location. All accessory buildings shall be located to the rear of the existing buildings line. (d) Permits. A building permit shall be required before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (1) Corner setback--On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback--Shall be a minimum of six (6) feet. (3) Side yard setback--Shall be that of the lot on which the building is to be located. (4) Easements--If an easement on the lot where the building is to be located is greater than that addressed above, then the easement size shall prevail. No building shall be constructed or placed on an easement. (5) Detached private$arages which exceed the two hundred and forty (240) foot threshold for area or the twelve (12) foot threshold for height must meet the setbacks of the applicable zoning district for the principle structure. (f) Upon application filed with the city, the city commission may vary the number, height, and size requirements set forth in this section or approve an accessory building on an adjacent lot by conditional use permit under the following conditions: (1) The subject property has a residential rural future land use map designation under the city's comprehensive plan. (2) The applicant submits for review and consideration a detailed architectural rendering of the proposed accessory building and a plot plan drawn to scale. (3) The city commission finds that: a. The proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures; b. The proposed accessory building will not adversely impact land use activities in the immediate vicinity; c. The height of the proposed accessory building does not exceed the height of the principal structure; and d. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (4) An accessory building may be constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: a. The conditions set forth in subsections (1), (2), and (3) are satisfied. b. A legal instrument reasonably acceptable to the city is recorded in the public records of Seminole County that provides that the principal building lot and the adjacent lot are unified under common ownership and that in the event said ownership is ever separated, the accessory building shall be removed or a principal building shall be constructed on the adjacent lot within one (1) year from the date the lots are separated. (Code 1974, § 5-10; Ord. No. 460, § 1, 6-26-89; Ord. No. 2003-02, § 2, 4-28-03)