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Home My WebLink About2002 10 14 Public Hearings D First Reading - Ordinance 2002-31 Regulating Screen Enclosures COMMISSION AGENDA ITEM D Consent Informational Public Hearing X Regular October 14. 2002 Meeting t1Y!d;-- Mgr. / Att. / Dept. REQUEST: The City Attorney requests the City Commission consider First Reading of Ordinance No. 2002-31 that would amend the City Code regulating screen enclosures, provide a definition for screen enclosure, and provide for setback, height, and other requirements regarding screen enclosures under the City Code. PURPOSE: This ordinance is intended to broaden the application of the existing screen enclosure regulations so that they apply regardless of whether a pool is enclosed. APPLICABLE LAW AND PUBLIC POLICY: I. Florida Municipal Home Rule Powers Act. 2. Chapter 6, Article IX, City of Winter Springs Code of Ordinances, establishes regulations for screen enclosures for swimming pools. CONSIDERA TIONS: A. The existing Code regulates setback and height requirements for screen enclosures when a pool is enclosed. These setback and height requirements are different and more relaxed than such restrictions which generally apply to principal and accessory structures. Page I of 2 B. Particularly, the screen enclosure can be located within seven (7) feet from the rear property line. The seven-foot setback is closer than the typical twenty-five to thirty-five foot rear yard requirement applicable to residential zoning districts under the City Code. C. The City Commission recently questioned the logic of not applying the same seven-foot setback requirement for a screen enclosure without a pool. D. The City Commission determined that the more relaxed screen enclosure rear setback regulation should apply regardless of whether a pool is enclosed. E. Upon approval of this ordinance, all screen enclosures could be constructed within seven feet of the rear property line, except if the rear line abuts a lake. In which case, the rear setback for the screen enclosure will be twenty-five feet. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission approve this ordinance on First Reading and move that this ordinance be advertised for a Second Reading and Public Hearing. ATTACHMENT: Ordinance No. 2002-31. COMMISSION ACTION: On August 26, 2002, the City Commission directed that this ordinance be prepared for consideration when the City Commission denied a variance requested by Richard Grimes. The variance would have allowed his porch to encroach within the 20-foot rear building setback at his home located in Fox Glen at Chelsea Park. F:\Docs\City of Winter SpringslAgendalAgendaD. SereeoEnelosures. wpd Page 2 of 2 !nt By; BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596; Oct.8.02 4:06PMj Page 2/6 ORDINANCE NO. 2002-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULA TlNG SCREEN ENCLOSURES; PROVIDING A DEFINmON FOR SCREEN ENCLOSURE; PROVIDING FOR SETBACK, HEIGHT,AND OTHER REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FORINCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN ,t;J4'}4'ECTlVE DATE. WHEREAS, the City currently regulates the placement and construction of screen enclosures under the swimming pool code; and WHEREAS. the City Commission finds that the regulations applicable to screen enclosures should apply regardless of whether a pool is con!.1ru<..1ed; and WHEREAS, it is the intent and purpose of this ordinance to apply the screen enclosure requirements set forth in this ordinance to aU screen enclosures, regardless of what may he enclosed within the screen enclosure area; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the puhlic health. safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CIlY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLWWS: Settion 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2\ Swimming Pool Code Amended. The City ofWinter Springs Code, Chapter City of Winter Sp1"inis Ordinance No. 2002-31 Paso) 1 vf 5 ~nt By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Oct-8-02 4:07PM; Page 3/6 6, Article IX, Swimming Pools, is hereby amended as follows: (,.mderlined type indicates additions and stlikeoat type indicates deletions, while asterisks (* · *) indicate a deletion from this ordinance ofte"l existing in Chapter 6, Article IX. It is intended that the text in Chapter 6, Article IX. denoted by the asterisks and set forth in this ordinance shall remain unchanged from the hsnguage existing prior to adoption of this ordinance). ARTICLE IX. SWIMMING POOLS ... ... ... See. 6-2 t 1. Definitions. ... lit lit S" ~eH tllcloJld't is an enclosure surToundih8 .\ pool, the ~cilis and! OtiC or tile c,l(,losure Gousi&t;J.lS eurilel) nf screen mesh, ~(pt fOr Ula:wuuul essentia:l stru,tttra:l fi&u~lltiork required fur its support. .. . . Sec. 6-219. Yards. ... ... lit ('t-) Sacen endosW'es shaH not be l0C4b.d close! tv the !id.~ ,AId j:hopert) line that. the side laid setback: reqt1nem~nt est8blished by the zoning ordinance! of the ,it} for th~ lot. pmc..fJ or piece ofltAld upon wilicl. the pool is loated. nor dOsel to the leat PI(lP",.t) liht thAn seven (7) ftet. On I~d~vnt property, no S(;reen endomre 5haH be efeGted 1~5 thAIl t~entrfhe (25) feet flam the silo. tIMe as detthlJit~d b, the existing or establishtd GO.lt, vI \'VAlet Ic.~el. I1~ht sftaH not be highe. than tlie dntllitaa on tilt 5'cdlle lot. Mesh sizes shall not be smaiter than lwtut, (2e) by twenty (20) City of Wimer Sprinss Ordixuuu;c NQ. 2002-31 Page2uf' ~nt By: BROWN,WARD,SALZMAN&WEISS)P.A.j 407 425 9596j Oct-a-02 4:07PMj Page 4/6 tftre4ds per mch, nor larser than dghtocn (18) tlbeadS try MbJ1een (14) threads ~I indk. Design compl1t4tio/}$ and COft5t,~ction detAi15 ofscreen enclOslut~ ~hall bt supplied ~ith all plan! shownt$ tb~t wne Gonlply ~ith ",~lId load and the load req~ilenn;..nts ofthe bt1dd;ng eodf. oftke cit}. S<<tion 31 See. 6-8S. Screen Enclosures Created. Section 6-85 of the City of Winter Springs Code is hereby created to read as follows (}Jnderlined type indicates additions): Set. 6..85. Screen enclosures. {!l Definition. For purposes of this section. the term "screen enclosure" shall mean an enclosure consisting entirely of screen me!\h. ex~pt for minimum essential structural framework required for its support. ill Mesh: Load ~cquirements. Mesh sizes shall not be $maller than twenty (20) by twenty (20) threads per inch. nor lanler than eighteen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen enclosures slW! be supplied with all plans showin,g that same comply with wind load and live load requirements ofth~ buildin~ co4e of the city. ~ Set.backs. The screen enclosure s~ll meet all code reqJ,Jirements for front and side yard setbacks which are applicable to the subject propeny. Notwithstanding any o~her appJic~bJe rear setback requirement. the screen enclosure shall not be located any closer tha.\'! seven (7) feet from the rear property line ofthe subiect property. Qn lakefrQnt property. no screen enclosure shall be located any c~oser than twenty-five (25) feet from the shoreline. as determined by the existing or e!ltabJished high-water control level. @ Height. The screen enclosure shall not be higher than the primal)' structure on the subiect property. except when the princiDal structure exceeds twelve (2) feet. In which case. the City ofWincer Springs Ordil1lUl<le No. 2002.3 I l'ap3ot" Sent By: BROWN,WARDJSALZMAN&WEISSJP.A.j 407 425 9596j Oct-8-02 4:08PM; Page 5/6 scree" enclosure shall be set back an additional two (2) feet from the Jqjnimum setbafk requirements contained in subsection (b) for every additional foot above twelve fej!t, W Easements. Screen enclosures shall not be constructed within an easement area unless the easement exoressly allows said construction. ill Screen enclosure modifications If any \JOrtion of an existing screen enclosure is modified ~o that it no lon~er satisfies the definition in subsecti()n (a). the modified screen enclosure sha1J meet all buildine setba(;k and heisJtt requirements that are llPplicable to principal and accessory buildin~s for the suQject propertY ~tion 4. Repeal of .Prior Inconsistent Ordinances and Resolutions. AU prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Intorporation Iato Code. This ordinance sball be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Sedion 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate. distinct and independent provision, and such holding shall not affect the validity of the remaining ponions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City City of Winter Springe Ordinance No. 2(102-31 Paso 40f , Sent By: BROWNJWARD,SALZMAN&WEISSJP.A.j 407 425 9596j Oct-S-02 4:08PMj Page 6/6 , . '-1 Charter. ADOPTED by the City Commission of the City 01 Winter Springs, Florida, in a regular meeting assembled on the _ day of .._,2002. PAUL P. PARTYKA, Mayor A TrEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and lufficiency for the City of Winter Springs only~ Anthony A. Garganae. City Attorney First Reading: Second Reading: Effective Date: .';\I)cQICity afWintC'Z SFin9\OrdinanlWl\Sann . Eu.:l0lI1lta. wpS City of Willter SpriDp OrdinaIu:e No. 2002-31 P..tI $vf ,