7. City Code Amendment-Accessory Structures on Recreational Beach Lotsf
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1 BACKGROUND
At the October 10, 1994 meeting, the City Council directed staff to prepare an amendment to
the zoning ordinance allowing gazebos to be located 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 City Council and Planning Commission felt that
gazebos should be permitted on recreational beachlots.
' ANALYSIS
' Section 20- 263(2) of the City Code prohibits structures and shelters on recreational beachlots.
Staff believes that 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
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 and unenclosed':structures would not violate the intent of the
ordinance if appropriate standards are adopted. Staff has developed standards that recognize
the fact that gazebos and unenclosed structures may have potential visual and aesthetic
impacts as well as further impacts on adjacent residences. These standards will be applied at
the time a conditional use permit is requested.
Action by City Pdmim,frstcr
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MEMORANDUM
End, — D
TO:
Don Ashworth, City Manager
FROM:
John Rask, Planner I
_�:; 0 c , -until
DATE:
November 22, 1994
'
SUBJ:
Recreational Beachlot Zoning Ordinance Amendment
1 BACKGROUND
At the October 10, 1994 meeting, the City Council directed staff to prepare an amendment to
the zoning ordinance allowing gazebos to be located 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 City Council and Planning Commission felt that
gazebos should be permitted on recreational beachlots.
' ANALYSIS
' Section 20- 263(2) of the City Code prohibits structures and shelters on recreational beachlots.
Staff believes that 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
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 and unenclosed':structures would not violate the intent of the
ordinance if appropriate standards are adopted. Staff has developed standards that recognize
the fact that gazebos and unenclosed structures may have potential visual and aesthetic
impacts as well as further impacts on adjacent residences. These standards will be applied at
the time a conditional use permit is requested.
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Planning Commission
November 22, 1994
Page 2
' 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.
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 ouse, camper,
er, P
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:
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Planning Commission
November 22, 1994
Page 3
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.
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."
Attachments
1. Planning Commission minutes dated November 2, 1994
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I 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. I to 4 units per
' acre. So what you have to decide is whether or not you want it to go single family, PUD or
I 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 properties 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.
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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.
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Planning Commission Meeting - November 2, 1994
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 you. It's been moved and seconded that we endorse the staffs
recommendations. Is there any discussion?
Ledvina moved, Conrad seconded that the Planning Commission recommend that the City
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.
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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 canied 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.
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