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TO: <br />FROM: <br />DATE: <br />. <br />SUBJECT: <br />James E. Chandler <br />County Administrator <br />DIVISION HEAD CONCURRENCE: <br />Robert <br />M. KeatingAI <br />Community Development director <br />4Stan Boling, �CP <br />Chief, Current Development <br />September 8, 1989 <br />ORDINANCE AMENDING SECTIONS 25(b) and 25(i) RELATING TO <br />SETBACKS FOR POOLS AND RELATED STRUCTURES AND FENCE <br />HEIGHTS <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at its regular <br />meeting of October 17, 1989. <br />BACKGROUND AND CONDITIONS: <br />Recently, the Board of County Commissioners directed -staff to <br />initiate changes to existing zoning regulations relating to <br />setbacks for pools and related structures and fence heights in <br />yards abutting arterial roads. The Board's directive was based <br />upon a request by Attorney Bruce Barkett on behalf of his client <br />who owns a corner lot which fronts upon both S.R. A.I.A. and a <br />subdivision local street. Under current regulations, the yard <br />abutting S.R. A.I.A. could not be treated as a "rear" yard for <br />purposes of locating a pool and pool enclosure and a'six foot <br />fence. Staff has reviewed existing regulations and now proposes <br />an ordinance amendment that properly addresses such "problem <br />situations" as those arising with Attorney Barkett's client. <br />At its regular meeting of September 14, 1989 the Planning and <br />Zoning Commission voted unanimously to recommend that the Board <br />adopt the proposed ordinance (see attachement #1). <br />ANALYSIS: <br />The proposed ordinance addresses two areas of single family <br />.development as follows: <br />,Pools and Related Structures <br />For several years the zoning code has given special "waivers". to <br />-allowpools and related structures (decks <br />nclo- <br />sures)to encroach into rear yard setbacks. patios, These waivers sallow <br />pools and screened pool enclosures to within 10' of a rear proper- <br />ty line, and allow pool decks and patios to within 5' of the rear <br />property line. Swimming pool setbacks are also related to ease- <br />ment locations. <br />Section 1 of the proposed ordinance addresses three issues. <br />1. Pool setback from easements. <br />The existing 5' swimming pool setback from easements <br />requirement is now proposed to be necessary only in <br />relation to utilities, drainage, or access easements. <br />This change will still carry out the original intent of <br />the easement setback provision which is to reduce the <br />likelihood of pool excavation impacting infrastructure <br />13 <br />iOCT 17 <br />L <br />BUOK E EA'uL ib <br />