New Ordinance allows in-law suites on Winter Garden downtown properties

The Winter Garden City Commission unanimously approved the second reading of an ordinance amending multiple sections of the city’s Land Development Code to clarify standards of accessory structures and accessory buildings as well as formally expand where accessory dwelling units are permitted throughout the city.

The ordinance allows accessory dwelling units as a permitted accessory use in residential zoning districts including R-1A, R-1, R-1B, R-2, R-4, R-5, R-NC, R-NC2, PUD, UVPUD and CAPUD districts. 

The ordinance also updates and refines definitions for accessory buildings, accessory structures, detached garages, front porches and principal structures to provide clarity, consistency and administration of the city’s code.

With the approval of the ordinance, detached garages and accessory dwelling units are required to generally be located behind the principal structure. It also establishes setback, height and architectural compatibility requirements, and it encourages alley-loaded access to minimize the visual impact of garages on streetscapes. 

The ordinance also permits front porches to encroach into required front setbacks to reinforce traditional neighborhood design patterns.

Accessory dwelling units will have standards related to size, parking, owner occupancy, utilities, rental restrictions and compatibility with the principal residents in the ordinance, which also clarifies that accessory dwelling units do not count toward density calculations and may not be sold separately from the primary home.

Planning Director Kelly Carson said accessory dwelling units would be permitted only on homesteaded single-family residential lots and limited to one accessory dwelling unit per property.

The ordinance also prohibits the ability for accessory dwelling units to be used as short-term rentals.

“These standards are intended to provide additional housing opportunities to the community, support multi-generational living arrangements and aging-in-place solutions, while maintaining the character of existing neighborhoods,” Carson said. 

Winter Garden resident Tammy Dacey, who has a 24-year-old son with autism, said the ordinance will be helpful to several families in the city, including hers. 

Dacey said when she tried finding alternative living options for her son a few years ago, the closest she could find was an hour away.  

“One of the challenges for the families in this community is we have parents that are getting older, but we also have children who are facing one of the greatest housing challenges of the last 100 years, and that’s especially true for our children who are adults with disabilities,” Dacey said. “Having accessory dwelling units, or expanding a garage, the capability of adding space for them as adults where they can still have some quality of life, some kind of privacy, a little bit of pride, dignity is so important.”

Property tax impact

With property tax reform on the ballot in November, District 4 Commissioner Colin Sharman made a motion, which was unanimously approved, directing city staff to look into all funding sources to see what changes can be made in preparation of the property tax reform passing. The motion included looking into setting the fire assessment fee to its maximum rate, with the intention that if the reform doesn’t pass, the city wouldn’t move forward with the fee. 

The city considered imposing a fire assessment fee last year but decided not to move forward with it after residents expressed they were not in favor of the fee and the city was able to make cuts in the budget. 

“Yes, people were up in arms (last year), but I think it would be prudent for us as a commission to do what Ocoee did and go ahead and pass it but knowing that we would table it or rescind it if the measure on the ballot fails,” Sharman said. 

City Manager Jon C. Williams said the fire assessment fee is one option staff has discussed, and “it’s a valuable option,” but city staff is looking at all ways there can be cuts in the budget and other ways to raise revenue. 

“We have to be wise, because we do have to fund our services,” District 1 Commissioner Lisa Bennett said. “We can’t just be mandated by the state to do certain things and not have funding for them in place, whether it’s popular or not, and we don’t have to. … We can’t just pretend it doesn’t exist and stick our head in the sand.”

Photo by Liz Ramos

Mayor honored with award

Tyler Denehan with the Florida League of Cities presented Mayor John Rees with the John Land Years of Service Award, which honors elected municipal officials who have reached major milestones in service on commissions or councils. 

“(The award) is reserved for elected municipal officials whose long-term leadership and commitment have made a lasting impact on their communities,” Denehan said. 

Rees has served on the Winter Garden City Commission for 30 years. 

Denehan presented and read a resolution from the Florida League of Cities to recognize Rees. 

Sharman said Rees has “been a mentor to us all in different ways.”

“I think we balance each other out, and this commission does what’s best for everyone, so thank you,” he said to Rees.

“We all work together,” Rees responded.