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Setback distance reduced for pools built by seawalls

The new regulation will allow pools on smaller lots, but applies only to waterfront homesites on Boca Ciega Bay.

By SHEILA MULLANE ESTRADA
Published March 27, 2005

MADEIRA BEACH - Backyard swimming pools on waterfront properties can get a bit larger under a new ordinance passed by the City Commission on Tuesday.

For some residents with small lots, it may mean they will be able to build a pool for the first time.

The reason?

A revision of the city's building code that increases the area of a back yard that can be used for a pool.

The change only affects waterfront properties on Boca Ciega Bay previously restricted to building no closer than to within 12 feet of a seawall. That distance has been reduced to eight feet, matching countywide building regulations.

Homes not on the water can, as before, build within five feet of a rear property line. Homes fronting on the Gulf of Mexico can build pools up to the coastal construction control line.

"This will accommodate homeowners' desires for small pools and give them the latitude to improve their properties," said Commissioner Len Piotti, who originally proposed the change after several variance requests were denied by the city's special master.

Residents will be required, however, to have an engineer certify that a pool would not weaken the seawall.

A move to cut that distance even further to within 5 feet of a seawall was defeated because of concerns that security fencing around pools and close to seawalls could block neighbors' water views.

"Allowing a pool within five feet of a seawall is infringing on neighbors' rights to see the water. Too many people have paid a lot of money to have their views cut off by a fence," Commissioner Martha Boos said.

Also rejected was a proposal to similarly reduce the distance between a house and pool. Boos argued that allowing a pool to approach a home's back door could present a safety risk, particularly for small children.

Generally, pools are allowed in side, rear or corner yards and must be enclosed by a fence or wall at least four feet high. Under the new regulations, side and structure setback requirements were left at five feet.

In other action, the commission increased the amount it charges for monthly parking permits from $25 to $35. Weekly parking permits remain unchanged at $10.

These permits can be used at most metered parking spaces throughout the city where, except for parking in John's Pass, the hourly meter rate is $1.

The commission also decided to ban use of weekly and monthly permits at John's Pass Park at 129th Avenue west of Gulf Boulevard. Metered parking there costs 50 cents an hour.

[Last modified March 27, 2005, 00:34:19]