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3j. Recreational Beachlot Zoning Ordinance Amendment Re Gazebos, Final Reading.1 1 1 1 1 1 1 1 MEMORANDUM CITY OF �4 CHANHASSEN - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: John Rask, Planner I DATE: December 20, 1994 SUBJ Recreational Beachlot Zoning Ordinance Amendment COUNCEL UPDATE Council considered this amendment at their made to table this item to give staff time t9 A - concern was raised over the term ordinance should apply to gazebos c %nenclosed structure" and defined i amendment. In addition, the pro RE 11 gazebos. All changes are sho - n Acticr by C r Adoiiris`rator to Council �!_rf 28, 1994 meeting. A motion was add additional standards. �nl and not "park 11 a erm "gazebo" mendment woulI bold on the attached Staff would like to a following issues: Council agreed this section of the " structures. Staff deleted the term ;c. 20 -263 of the proposed �ohibit certain improvements to The proposedo� beachlots and existing confo c ots. Gazebos would be prohibited on noncon o beachlots as the ordinance prohibits eekpa on or intensification of nonconfo S. The .maximum height of twenty (20) feet for az s is the same height requirement used for accessory structures in RSF zoned districts. proposed 20 feet to be consistent and allow for pitched roofs on gazebos. The maximum size limit of two hundred fifty (250) square feet would permit the construction of the gazebo planned for the Conditional Use Request which is currently before the Council. City Council December 20, 1994 Page 2 BACKGROUND At the October 10, 1994 meeting, the City Council directed staff to prepare an amendment to the zoning ordinance allowing gazebos on recreational beachlots.. This issue was prompted by a recent conditional use request for a beachlot with a gazebo. The City Council did not take final action on the conditional use request in order to give staff time to draft an ordinance revision. Both the Council and Planning Commission agreed gazebos , should be permitted on recreational beachlots. , ANALYSIS 'structures Section 20- 263(2) of the City Code prohibits and shelters on recreational beachlots. Staff believes this section of the ordinance was intended to prohibit structures such as: garages, changing rooms, campers, and shelters for the storage of boats, not gazebos designed 1 as a landscape element or to provide shelter for human use. The general intent of the recreational beachlot ordinance is to recognize that the use of lakeshore by multiple parties may conflict with neighboring uses. Further, beachlots may generate complaints if they are not maintained to the same standards as single - family lakeshore lots. An ordinance amendment allowing gazebos would not violate the intent of the ordinance if appropriate standards are adopted. Staff has developed standards which recognize the fact that gazebos ' may have potential visual and aesthetic impacts as well as further impacts on adjacent residences. These standards would be applied at the time a conditional use permit is requested. ' Section 20- 263(13) of the recreational beachlot ordinance currently requires that all beachlots have a buffer sufficient to insulate other property owners from beachlot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. The City may also require additional measures to ensure appropriate buffering and maintenance of the site under the beachlot ordinance. Therefore, staff did not provide these requirements under the proposed amendment as they are already addressed within this section of the ordinance. PLANNING COMMISSION UPDATE On November 2, 1994, the Planning Commission recommended approval of the proposed ordinance amendment with a four to one vote. A concern was raised over the term "unenclosed structure." An unenclosed structure could be ' any building without walls. Whereas, gazebos generally refer to an open -air shelter that is used as a landscape element. The concern was that "low quality" shelters may not be ' compatible with adjacent land uses and could negatively impact surrounding properties. i City Council December 20, 1994 Page 3 The proposed ordinance amendment requires gazebos and unenclosed structures to make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high quality design concept for the lot which is compatible with adjacent and neighboring structures. Therefore, the proposed amendment would require shelters to be architecturally compatible with surrounding properties and an integral part of the landscaping theme for the property. In addition, a conditional use permit will be required for the construction of a gazebo or unenclosed shelter on a recreational beachlot. RECOMMENDATION Staff recommends the City Council adopt the following amendment: Sec. 20 -263, Recreational Beachlots, is hereby amended as follows: (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beachlot. For the purpose of this section, a gazebo shall be defined as, "A freestanding roofed structure which is open on all sides." Add the following: (18) Gazebos may be permitted on recreational beachlots subject to City Council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be seventy-five (75) feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed two hundred fifty (250) square feet d. Maximum height shall not exceed twenty (20) feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high - quality design concept for the lot which is compatible with adjacent and neighboring structures. City Council December 20, 1994 Page 4 I L Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beachlot association." g. The following improvements are prohibited in gazebos: screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. Attachments 1. Planning Commission minutes dated November 2, 1994 2. City Council minutes dated November 28, 1994 ORDINANCE SUMMARY CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE TO ALLOW GAZEBOS ON RECREATIONAL BEACHLOTS THE CITY OF CHANHASSEN HAS ADOPTED AN ORDINANCE providing new regulations to allow gazebos as a permitted use on recreational beachlots subject to specific standards for size, height, setback and architecture. This ordinance is in full force commencing on the date of publication of this summary. Kathryn R. Aanenson, AICP Planning Director (Published in the Chanhassen Villager on R City Council Meeting - November 28, 1994 Councilwoman Dockendorf: Was this foreseen or is this, they need the money because the Kindercare project fell through? Mayor Chmiel: Well that might be back. Todd Gerhardt: The Kindercare project's probably going to be back before you but if you noticed, there was substantial amounts of dirt being moved around on the site so they did have some soil corrections and so that will probably go to help offset that. But if Kindercare moves ahead or doesn't, they were going to ask for the assistance in any case, to answer your question. Councilwoman Dockendorf: No more questions. Mayor Chmiel: Richard. Councilman Wing: No sir. Mayor Chmiel: Okay. I guess I don't have any either. You indicated all the concerns that I had right now Todd Gerhardt: Also attached in there, on the last page it determines how the Press would get their assistance. This is the tax formula used by Hennepin County in determining how taxes are calculated and they are adding value of $600,000.00 to the addition. So based on that and minus out school aid and fiscal disparity contributions, the total was $54,831.00 over a 3 year period. • Mayor Chmiel: Okay. Is it ironic that the total amount of tax base is going to be that $36,554.45. When I took those two increments that we're giving for '96, '97, '98, just taking the two, comes out to that total amount of taxes. Councilman Senn: You mean ironic or well planned. Mayor Chmiel: That's the question. Okay. I guess I don't have any other. Is there a motion? Councilman Mason: Yeah, I'll move approval of the private redevelopment agreement with the Press Inc. Mayor Chmiel: Second? Is there a second? Councilman Wing: Second. Councilman Mason moved, Councilman Wing seconded to approve the Private Redevelopment Agreement with The Press, Inc. and their request for $54,831.69 in city assistance. All voted in favor and the motion carried unanimously. AMENDMENT TO THE CITY CODE REGARDING ACCESSORY STRUCTURES (GAZEBOS) ON RECREATIONAL BEACHLOTS, FIRST READING. C� John Rask: Back in October, City Council directed staff to prepare an amendment to the zoning ordinance allowing gazebos on recreational beachlots. This issue was prompted by a recent conditional use request for a beachlot with a gazebo. The City Council did not take final action on the conditional use request in order to 32 J II �J F1 LJ h J City Council Meeting - November 28, 1994 give staff time to draft an ordinance revision. Both Council and Planning Commission agreed that gazebos should be permitted on beachlots. On November 2nd the Planning Commission reviewed the proposed amendment and recommended approval. I guess staff is recommending the City Council adopt the ordinance amendment and the standards that go along with it. Mayor Chmiel: Okay, thanks John. Let me ask you one question. By adding, except gazebos and unenclosed shelters, I don't have any problem with gazebos at all but when we start adding unenclosed shelters, I can see all kinds of Taj Mahals being built and I really have some concern with that. Councilman Senn: Should look up really the definition of unenclosed, right? Mayor Chmiel: Right. Councilman Mason: Well that will be an issue. Mayor Chmiel: And it could. Councilman Mason: What is an unenclosed shelter? Mayor Chmiel: Right. So I would just as soon see us just stick to a gazebo and then leave it there. But that's just my opinion. Mark. Councilman Senn: I had lots of questions. What about the screening? What about plumbing? What about fireplaces? I mean these are all things I've seen in "gazebos ". Kate Aanenson: Well a gazebo doesn't necessarily mean that. What we did is put some, first you have to remember, this is part of the recreational beachlot, which is a conditional use. So that gives you the authority to review that. And as a part of that we also put in standards for you to measure this against. So those standards. Councilman Senn: So each one is a specific individual approval. Kate Aanenson: No, it's part of the beachlot. This would be within a beachlot, recreational beachlot. As you go through all that criteria, you'd be reviewing these. Councilman Senn: But I'm just saying, if somebody already has a recreational beachlot. Kate Aanenson: They would have to come back. Those are non - conforming. We've already approved them. The only thing that's going to come in somebody new such as the one for Minnewashta Landings. You went through and reviewed, decided whether or not architecturally it was compatible. We gave you criteria. That's what this does is say whether or not, this is the height it can be. This is the maximum square footage. So if you're not comfortable with those standards, then I think that's where we need to make the changes. But the reason we left gazebo is gazebo has a specific definition which as you indicated, maybe this is somewhere where you want to allow some screening. Maybe there's one where you don't want screening or maybe you want a fireplace but you have that review when it comes before you. Now the non - conforming ones you're not going to, those have already been permitted. They can't expand. Councilman Senn: Is there anything, I guess of the things I mentioned, is there anything that's prohibited? 33 City Council Meeting - November 28, 1994 ' Mayor Chmiel: Mark, maybe what we can do, just something as such, regarding fireplaces and all the rest of what you're saying, is to completely exclude all those specifically. Councilman Senn: That's kind of what I was getting to in terms of, I raise these questions because I guess ' we've gone through this discussion on this in our neighborhood where we have a beachlot. I mean we've had certain people who advocate, you know they don't want a port -a -potty down there so they said let's build a , gazebo and put a bathroom in it. You know I mean like I say, everybody's definition is different. The (c) and (d) in here, I have great problems with as setting a standard because I think they're very excessive as standards. In fact I think should never be something that's achieved. To me 10 x 25 gazebo is a picnic shelter, not a gazebo. To me a 20 foot height anything is something far more substantial than is needed on a recreational , beachlot. Kate Aanenson: The one that Ken Durr came in with was 10 by. ' John Rask: 16 foot in diameter so roughly... Councilman Senn: I understand that but the normal gazebo is maxed out at about 10 feet in diameter and your ' height is generally no greater than 10 to 12 feet. It just seems to me when we set this kind of a standard, we're kind of challenging people to come in and meet the standard and I have real problems with that in terms of just in terms of (c) and (d) and then I just, I'd still like to come back to. , Kate Aanenson: I guess what we did is you liked Ken Durr's model so we took that standard and then we put it in here so I guess what we're saying is, if you don't like his model, then we need to go back and tell him we didn't like it because this is what we developed that around. We tried to develop it around that framework so, it , does have a pitched roof to it. And again, these are the only ones that are coming in. It's not the existing non- conforming. I think your other point, we just add (g) or modify to say no screening, no fireplaces. , Councilman Senn: Well I'm not saying I'm necessarily opposed to screening for example. Or I guess I'm not necessarily opposed to any of them. I guess my question is more of one, is there anything in the ordinance now that prohibits any of those things or is it purely a Council determination on each one as they come through? , Kate Aanenson: Right now you can't have a structure on the premises at all, unless it's. Councilman Senn: No, but I'm saying if we pass this ordinance. Can they be anything as long as Council ' approves it? Can they include any of those things? Kate Aanenson: Well what we did is we said, it would have to be, architectural high quality design. So what does that mean? Councilwoman Dockendorf: So basically everyone that comes in has discretion. Kate Aanenson: Right. If you don't want it in, I think you should say you don't want it in there. You don't want to see those things. Councilman Senn: Okay, so there's nothing in the current ordinances once you plug gazebo in to prohibit plumbing or prohibit fireplaces or whatever, unless the Council just wants to stick that stipulation in. When I 34 1 i LII iJ City Council Meeting - November 28, 1994 was trying to take that and plug it into the ordinance and figure that out and I couldn't figure it out so I'm sorry, that's why I'm asking the question. Kate Aanenson: Well, what it says right now, except provided, no structure, ice fishing house, camper, tent, trailer, shall be maintained upon any premise. Now we're saying except gazebos or unenclosed shelters with the following criteria. So if you want to add additional standards to that, I think that's where we should put it in. Councilman Senn: Okay. But as written you could do any of those things. Kate Aanenson: No plumbing, whatever. But again, the square footage, I agree with you. 250 seems big but you felt that that beachlot, and you've got to remember, our beachlot standard is almost an acre. And that was the size that you had placed on that beachlot that you felt comfortable with so we tried to develop the standards around what you felt was an acceptable size. You're right, it wouldn't work on a 60 foot strip, non - conforming beachlot and they couldn't do it anyway. Councilman Senn: Well in my mind, and the reason I'm asking the question is that, and making the point on the 250 is, I guess if it is our intent here to create picnic shelters, then I think that's what we should call them rather than try to disguise them as a gazebo because if you go to 10 x 25, to me we're creating something more than, at least in my mind, under any sense I can visualize as a gazebo. And I'm not saying that that's necessarily bad but I'm just saying. Councilwoman Dockendorf: To me that's semantics. Councilman Senn: Geez, I've never seen a gazebo 10 x 25. I'm song, I've been in the business, in the industry for many years and I've never seen one that large. Mayor Chmiel: ...has one 10 x 20. Councilwoman Dockendorf: I guess I don't have a problem with it because it does give us latitude to evaluate each individual one. I mean I don't feel that we're backing ourselves into a comer. An association's going to come in and say, but your ordinance says it can be this big. I mean it's very clear just by the non - conforming permit that we have ultimate control over what goes in and what goes out. Councilman Wing: These are large lots that they're going into. They're not like a strip of narrow ones and if Mark's happy to call them picnic shelters, that's fine with me. I mean gazebo sort of adds a touch of something that picnic shelter doesn't. I'd rather have a gazebo than a picnic shelter. Councilman Senn: Well and I agree with Colleen that it's semantics but an unenclosed shelter, I mean that's kind of where you start opening the door. Councilman Senn: I mean how enclosed can it be without making it unenclosed? Councilman Mason: I don't know if I like that word. That's scares me a little bit. Unenclosed shelter, well what's that? Mayor Chmiel: I think if we defined it strictly as a gazebo and put those conditions in it, that no plumbing, no heating, no fireplaces, no whatever else should be put in there. 35 'I� City Council Meeting - November 28, 1994 , Councilwoman Dockendorf: See I disagree. I Councilman Mason: Yeah I guess I, and I think Kate just said it. Obviously I'm not saying anything well tonight but Kate had said it earlier. With all these conditionals, every one in a separate issue. So I don't know ' that we have to put all that extra verbiage in it because we can clearly say no, it won't wash here and that's done. I mean maybe. down ' Mayor Chmiel: Yeah but at a later time I'm saying that if that gazebo is up and 5 years, 10 years goes the road and somebody wants to do some of these improvements to that gazebo by putting in those fireplaces and doing whatever they want. ' Councilman Mason: Well you'd have to get approval by City Council to do that. Mayor Chmiel: Do you aunt to bet? , Councilwoman Dockendorf: Sure they will. do ' Mayor Chmiel: Sure they will. As I was out at the lake, as one of my neighbors said, if you ever want to anything out here, do it on Saturday and Sundays. You never have to get a permit. Roger Knutson: Just throw in one comment. It's true you have a certain amount of discretion... The absolute ' and easiest and best place to exercise discretion and cause the least amount of consternation, is to put it in here. So what I'm suggesting is, if you know you never want a fireplace in a gazebo, then I think it's a great idea to say so. Then no one, then you never have to deal with that issue again. But if you think under certain circumstances a fireplace would be okay, then you can leave it alone. But if you know you don't want it, I recommend you put it in there now. Councilman Senn: ...fully educated I'd love a little time to think about it. ' Councilman Mason: I can see the no electricity and no plumbing but I don't know, a fireplace might be kind of cool. , Councilman Senn: And I don't know either and it's kind of what I wanted to do tonight was get the ground rules set because like I said, I kept trying to take this and plug it in the ordinance and to me it was kind of like ' all things go. Well, but do we want it to be all things go but if you want to be limiting, what do you want to limit. I don't know. Councilwoman Dockendorf: ...I'm willing to limit fireplaces. ' Councilman Mason: Plumbing and electricity. We don't need a little kitchen down in those things. ' Mayor Chmiel: That's what you use the fireplace for. Councilman Mason: That's right. , Roger Knutson: ...as some people do, I have a next door neighbor, for whatever reason has their television in their gazebo. , 36 F J City Council Meeting - November 28, 1994 Councilwoman Dockendorf: That's really getting back to nature isn't it. Mayor Chmiel: Okay, let's get back to the exact, time out. Councilman Senn: I mean is there any urgency? Can we think about it a little bit? Kate Aanenson: No. Do you want us to maybe think about some other standards to put in here. Just say the Council may consider. We'll think of something to put in. Mayor Chmiel: Can I have a motion to table? Councilman Senn moved, Councilman Mason seconded to table the City Code Amendment regarding accessory structures (gazebos) on recreational beachlots. All voted in favor and the motion carried. COUNCIL PRESENTATIONS: Councilwoman Dockendorf: Mr. Mayor, I would like to have a Council presentation please. Mayor Chmiel: I'm sorry you can't. Councilwoman Dockendorf: Please. Mayor Chmiel: Okay. Councilman Senn: Only if we all agree at what it is. Councilwoman Dockendorf: Let me convince you. A couple Saturdays ago there was yet another bad accident on Highway 5 and CR 117 and to put it bluntly I am sick and tired of the answers I'm getting from the city, from MnDot, from everyone concerned about our hands are tied. We can't do anything at that intersection until the school goes up next year. We're just ripe for another fatality at that intersection and we have to do something. Next fall is not going to cut it. Mayor Chmiel: Where did Charles go? One of the problems is the different things that it has to be tied in with instrumentation from other lights up on down to that, and all over down to TH 41. Councilwoman Dockendorf: Well I'd like some options of something that we can do. It doesn't necessarily have to be lights. It could be warning signs. It could be something. You know a little more tar on the side of the road so the bypass lane is bigger. Some cats eyes in the road so, it is so dangerous there and with all the development both north and south on Galpin, there are more cars than ever. There are big trucks who are going to the school. It's extremely dangerous. I don't even take it anymore. And it's getting to the point where we can just not, we can't wait any longer. We certainly can't wait until next fall so I would like to see Charles or whomever come up with a list of options. Including the city forking out some money for a stop light, if that's what we need to do. Mayor Chmiel: That's a lot of money. Councilwoman Dockendorf: I know it is. 37 Planning Commission Meeting - November 2, 1994 Farmakes: But there are, depending on how you say this, there is a consensus that we were all in line and agreement with this and I know city staff adamantly feels that the northerly alignment is the correct way to go. Aanenson: No, what I'm saying is that whether or not it goes to the north or to the south, it's guided single family. Regardless of where the road goes and this is one option underneath the single family. Whether it goes north or south. It's guided single family. 1 to 4 units per acre. So what you have to decide is whether or not you want it to go single family, PUD or to 4. That's what you have to struggle with. Farmakes: Yes, but I think what the point here is, what we're talking about and where it gets lost is what is the end result of what we want to see. And we're talking about this road and it's alignment. We're talking in some cases the end result of the ability to develop property and the options to develop a large amount of property as an option. A golf course for instance was named or townhouses or four plexes or where that road goes is going to determine what that is. And it seems to me that will be the first point. You don't come up with a development and then say well, here's the first development. We have the road up here. Therefore the rest of the propert ies surrounding it is going to fall in line. I would hope that what we look at is, we look at this as this is a guide and it doesn't necessarily have to dictate specifically what we wind up with. What typically happens in the process is that when a development comes forward, there's a developer, the surrounding property owners come forward and say you know, this is what we would like to see and then there's a process that we go through. But I'd probably see this again, like Diane did, as a PUD situation but I would again like to see the road go to the south. And I also think that that will change fundamentally this development. That's the end of my comments. Scott: Good. Well thank you all very much for coming and I think, hopefully being part of the process, maybe some of you for the first time, get at least an idea of the players, the forces that are at work. If you don't happen to know the names of your Council people, all their phone numbers are in the phone book and their published in every Villager. There's a section that says who they are at the State and local level. We appreciate your input and hopefully you felt that you were involved and we're listening to what you're saying. We'll be seeing this again and you all will get notices and it will be published in the paper so we expect to see you all in 2 weeks. I'd like to thank the development team for coming in and the adjacent property owners too. Thank you all. PUBLIC HEARING: AMENDMENT TO THE CITY CODE REGARDING ACCESS STRUCTURES ON RECREATIONAL BEACHLOTS. Planning Commission Meeting - November 2, 1994 Kate Aanenson presented the staff report on this item. Scott: Comments. Mancino: What's an unenclosed shelter? Aanenson: A fish house would be an enclosed shelter. So what we're trying to say is really just making this, it has a roof over it... Scott: It's not habitable. Farmakes: Are there gazebos that you just set up, they're not attached to the ground? I mean is that a requirement that it be attached? Aanenson: Well I think what we were looking at too ... quality but it has to be well maintained and the enhancement to the beachlot or the setting ... from the lake. Farmakes: So it's not just crated out and sat down somewhere. ' Aanenson: Yeah, yeah. And just bringing drawings ... the association would maintain it. ' Conrad: So would they have to, Kate would they have to bring a drawing for us to approve it? ' Aanenson: Yes ... want to make sure it's part of the conditional use ... makes sense because it may not make sense for all beachlots. I think in this one it did ... but not in all. Certainly not a recreational beachlot... Scott: Okay, anything else? Can I have a motion? Oh excuse me. I have to open the public hearing. Can I have a motion to open the public hearing please? I think what I'll do, seeing that there are no members of the general public here, that we'll forego the opening and closing of the public hearing and go right to a motion. Ledvina: I would move that the Planning Commission review, hold on. Scott: Can I help you with that? Ledvina: Yeah, help me with that. Is this where I'm at? Scott: I'd just read that. 70 I I Planning Commission Meeting - November 2, 1994 1 ' Ledvina: Okay, well I'll read it. I don't know if I know what it says but I would make a motion that the Planning Commission review and make any additional changes and recommend the City Council adopt the following amendment to Section 20 -263, Recreational ' Beachlot as identified in the staff report. Scott: Is there a second? I'm sorry, was that a second Ladd? ' Conrad: Yeah, I guess so. ' Scott: Thank Y ou. It's been moved and seconded that we endorse the staffs recommendations. Is there any discussion? ' n at the Planning Commission recommend that the City I,edvina moved, Conrad seconded that g ty Council approve the following amendment: ' Section 20 -263, Recreational Beachlots, is hereby amended as follows: (2) Except as specifically provided herein, no structure, ice fishing house, camper, ' trailer, tent, recreational vehicle, shelters (except gazebos and unenclosed shelters) shall be erected, maintained, or stored upon any recreational beachlot. , Add the following: ' (18) Gazebos and unenclosed shelters may be permitted on recreational beachlots subject to City Council approval and the following standards: ' a. Minimum setback from the ordinary high water mark shall be seventy -five (75) feet. b. No gazebo or unenclosed shelter shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. , C. Maximum size of the structure shall not exceed two hundred fifty (250) square feet. , d. Maximum height shall not exceed twenty (20) feet. e. Gazebos and unenclosed shelters shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high quality design concept for the lot which is compatible with adjacent and neighboring structures. 71 ' Planning Commission Meeting - November 2, 1994 f. Gazebos and unenclosed shelters shall be properly maintained. Structures which ' are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, or replaced by the homeowners or beachlot association. ' All voted in favor, except Commissioner Mancino who opposed, and the motion carved with a vote of 4 to 1. ' Scott: And your reasons ma'am. ' Mancino: Unenclosed shelters, I don't think are quality. I don't think somebody would want them on their adjacent recreational beachlot. Gazebos I can understand. I don't understand the universal unenclosed shelters. ' Aanenson: We could build in a definition... ' Mancino: To me it's just not in the same playing field as a gazebo. It's not a big deal. Aanenson: Gazebo has... APPROVAL OF MINUTES: Scott moved, Farmakes seconded to approve the Minutes of the Planning Commission meeting dated October 19, 1994 as presented. All voted in favor and the motion carried. CITY COUNCIL UPDATE. Kate Aanenson gave the Planning Commission a update of the actions taken by the City Council on items forwarded from the Planning Commission. ' Ledvina: Can I stop you there? Are we going to follow that up with changes in ordinances? ' Aanenson: At your recommendation. Ledvina: Well, it wouldn't be my recommendation but maybe it's their recommendation. I'm ' being facetious but whatever. Aanenson: I guess I missed the point. ' Ledvina: Well obviously there are ordinances on the book and we're trying to evaluate those as it relates to Shamrock and I don't know. The question is, do those ordinances hold any ' weight and where are we at with those ordinances. ' 72