Commission approves side-yard waiver for pergola at 255 Second Avenue North

The Safety Harbor City Commission approved a waiver requested for a property at 255 Second Avenue North to reduce the required side-yard setback from 5 feet to 3 feet for an attached, unenclosed pergola. The motion to approve the waiver passed unanimously, 5-0.

Senior planner Cecilia Achin presented the request, explaining that because the proposed unenclosed roofed pergola is attached to the primary structure, it is treated as part of the primary structure and therefore subject to a 5-foot side-yard requirement in the Traditional Neighborhood (TND-1) district. Achin said the applicant requested a waiver to allow the pergola to be set 3 feet from the south property line and that the applicant believes it satisfies waiver criteria related to lack of adverse impact. Achin reported the city had received written support from the adjacent south neighbor and from the property owner to the west, the latter offering two conditions of support (inspections and a neighborly request about post-project dinners).

A resident who identified herself as the property owner spoke in support and clarified the structure is an unenclosed flat pergola; staff confirmed a building permit application had been received. Commissioners asked whether approval would establish a precedent for expanding the primary structure closer to the property line; staff clarified that future substantial changes would require a separate waiver or permitting process.

The commission approved the waiver as presented; the approval applies to the specific construction shown in the permit application and does not change the general side-yard requirement for future enlargements.