Holmes Beach commissioners enacted a six-month moratorium Aug. 27, banning the construction of pools in front yards.
Chair Judy Titsworth called a special meeting following the Aug. 27 commission workshop session to address the matter. The discussion centered on a request for a permit for a front-yard pool on 62nd Street.
Commissioner Pat Morton had brought up the pool application at the Aug. 25 commission meeting. “If this one goes in, there’ll be six more coming in behind it,” he said.
“I think we need to look at this and I think we need to do it quickly,” Titsworth said. She added that front-yard pools could become eyesores, taking away from the old-Florida look of the island.
Building official Jim McGuinness said the definition of a front yard in the land development code may be different from what commissioners consider a front yard. He said the LDC defines a front yard as the setback, typically 20 feet from the property line. The property from the setback to the structure line is currently undefined in the LDC.
“It’s a gray area,” McGuiness said.
According to city attorney Patti Petruff, the 62nd Street property is being converted to rental property.
McGuinness said commissioners should be concerned with pools being built in front yards if they take issue with front yard space being used for something other than the “norm.” He advised changing the LDC definition of a front yard to “front yard” and “required front yard,” and to prohibit pools in the front yard.
Commissioner Marvin Grossman made the motion to enact a six-month moratorium banning pools in front yards until commissioners could study the issue and change the LDC.
Commissioner Carol Soustek seconded the motion, which passed unanimously and became effective Aug. 27.
The application already turned in for the home on 62nd Street is still under review by city planner Bill Brisson and Petruff.
Petruff asked commissioners to consider banning pool structures 36-inches high or in-ground in front yards, amending a previous ordinance. “We got caught by surprise by this pool thing. I don’t want to be surprised again,” she said.
Commissioner Jean Peelen questioned the need for a moratorium. “If it’s an isolated incident, I don’t see a reason for a moratorium,” she said.
“It’s going to be a domino effect,” Petruff said.
Resident Larry Chatt, broker/owner of Island Real Estate, appeared before commissioners to argue in favor of front-yard pools, saying he owns a duplex with a front-yard pool. “You just passed one pool per duplex. Passing an ordinance for no pool in the front yard hits duplexes hard.”
Petruff told Chatt that a property owner can appeal to the board of adjustments for a variance if the new ordinance is adopted. Variance criteria for front-yard pools have not yet been determined by commissioners.
Existing front-yard pools would be grandfathered if an ordinance prohibiting them is enacted.
Commissioners will continue talks at 7 p.m. Thursday, Sept. 10, at city hall, 5801 Marina Drive, Holmes Beach.