HERON LAKES ESTATES OWNERS ASSOCIATION

ARCHITECTURAL GUIDELINES

Gazebos
For purposes of these Guidelines, a gazebo is any permanent freestanding open-sided structure with a roof and no walls that is not attached to the house. Gazebos include pavilions, pergolas, arbors, ramadas, and similar structures.(1) The objective of these Guidelines is to harmoniously integrate the visual appearance of the gazebo into its immediate surroundings through the careful choice of location, design elements, colors, and materials, and to achieve a quality of construction of the improvement that is consistent with the quality of the construction of the homes and landscaping in Heron Lakes Estates. Well designed and sited gazebos can enhance the attractiveness and value of the Lot and Subdivision. (2)(4)
Height The overall height from the ground to the peak of the gazebo roof shall not exceed 15 feet, which includes the height of the supporting foundation. (4) (CC&Rs III.1) The overall footprint of the gazebo shall be limited to 250 square feet. (3)(4) The gazebo must be located in the rear yard area of the Lot or side yard area if the Lot has no rear yard, preferably at least 10 feet from the house or any other structure. The gazebo shall be located behind the building setback line(s) for the house shown on the recorded plat of the Subdivision and at least 5 feet away from any side Lot boundary line and at least 3 feet away from any rear Lot boundary line. (5) The gazebo shall not be located on a utility easement area. (CC&Rs II.2 & III.4) Because of the impact that a new gazebo may have on an existing view from a neighbors home or on a neighbors privacy, as a courtesy to the neighbors, the homeowner installing the gazebo shall obtain approval from each of the Owners of the adjacent Lots where the gazebo lies within the line of sight of the neighbors view or lies adjacent to a neighbors fence. Screening materials such as fencing or landscaping may be installed to soften the appearance or hide the gazebo as a bargaining chip to help obtain a neighbors approval. (6) In general, the closer the gazebo is located to the house, the more the gazebo should blend in with the architectural appearance of the house. If the gazebo is attached or set up against the house, the architectural design of the gazebo shall be directly compatible with the house (i.e. same materials, same color scheme, similar roof pitch, same trim/edge detailing, same roofing, etc.). Alternately, if the gazebo is installed up against a fence, the gazebo may be compatible with the architectural style and color of the fencing in lieu of the house. (2) The gazebo must be installed on a concrete foundation with proper leveling and drainage. (7)(8) The gazebo shall be positively anchored to the ground using an unobtrusive method. (9)

Footprint Location

Neighbor Approval

Harmony of Design

Foundation Anchorage

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Color

The finish colors of the gazebo must match or be in harmony with the primary and trim colors of paint used on the exterior HardiePlank or stucco on the house. The color of the gazebo shall also be in harmony with the color of the brick and any stone veneer on the house. The roof of the gazebo shall be constructed using composite shingles that match those used on the house on the Lot where the gazebo is located. (10) The structural materials of the gazebo shall be consist of wood, stucco, brick, stone, masonry, concrete, or other durable material approved by the ACC. Exposed wood materials shall be pressure-treated with preservative to minimize decay and rot. (10) The sides of the gazebo shall primarily be open so as not to restrict views from neighboring homes. Small open lattice type panels at the sides faces or corners of the gazebo are permissible, as are open railings and banisters. Insect screens and privacy curtains are prohibited. Gazebos having side panels, railing, skirts, or walls that cover more than 25% of the total side area shall be categorized as outbuildings and shall follow the Guidelines for outbuildings. (4) The floor of the gazebo may be located at ground level or may consist of a raised deck with the top of the deck located no more than 3 feet above the surrounding grade level and no less than 18 inches. For raised decks, the side area between the ground and the top of the floor shall be covered with decorative skirting materials and shall be surrounded with landscape screening materials to soften the view of the structure. (7)(11) Gazebos shall be attractive in appearance, without having an excess of detail ornamentation, decorations, or other types of embellishments. Items may not be hung on the exterior of the gazebo or stored around the exterior of the gazebo in a manner that creates clutter, detracts from the appearance of the gazebo, or creates a public nuisance. (CC&Rs III.6 & III.12) All gazebos shall be maintained in good condition. (12) Only one gazebo is permitted to be installed on any Lot.

Roofing Framing

Open Sides

Floor

Ornamentation Exterior Storage

Maintenance Number
Notes:

(1) Outbuildings, patio covers, patio enclosures, sunrooms, childrens playhouses, and greenhouses are covered by other Architectural Guidelines. Lightweight movable gazebos and shade canopies, typically having fabric roofs and side curtains, are categorized as patio furniture and are covered by other Architectural Guidelines. (2) Pre-manufactured or prefabricated gazebos are discouraged since they typically are not designed to be in harmony with the architectural style of the houses in the subdivision. (3) The footprint of the gazebo is defined as the overall perimeter of the gazebo where it meets the ground. (4) Since gazebos tend to be more attractive than outbuildings and for the most part do not block views because of their open sides, the allowable height and footprint area is larger than for outbuildings. Outbuildings are typically unattractive, utilitarian in nature, block views, and need screening materials. (5) When locating gazebos, consideration should also be given to accommodating the privacy of neighboring homeowners that have installed solid fences around their back yard. For these cases, the floor height of gazebos that are located within 10 feet of the neighbors fence shall preferably be less than 4 feet below the highest point of the fence. (6) A neighbors approval of a gazebo may be documented by having the neighbor write their name, address, and signature somewhere on the AAMHP form or on a separate Neighbors Approval Form that is included with the submittal. (7) Gazebos supported by wood or concrete blocks with a small-height open accessible crawl space underneath the floor should be avoided since they tend to attract rodents, snakes, or other types of varmints under the gazebo. (8) Improper drainage around a gazebo can promote ponding of water and mosquitoes. The foundation and grading around the gazebo shall not cause stormwater drainage from the Lot to be diverted onto a neighboring Lot. Gazebos HLEOA Architectural Guideline #AG07-D2 May 21, 2011 Page 2

(9) Preferably, a licensed structural engineer shall be engaged to check the design and anchorage of the gazebo for wind loading. If there is not enough weight in the gazebo to hold down the structure in the event of hurricane force winds, the structure could be dislodged or uplifted from the foundation and possibly be blown into and damage the house on the Lot or a neighboring home. A poorly manufactured gazebo could be blown apart by hurricane force winds and the pieces could become missiles. (10) The materials shall have an appearance, durability, and quality consistent with the homes and other structures in the community. Plastic, polyethylene, fiberglass, vinyl, aluminum, sheet metal, and similar materials are not acceptable for exterior finish materials. (11) Screening materials should be installed as soon as possible after the gazebo is installed, but no later than 6 months. Approved screening materials consist of a lawn-sodded earth berm or densely planted evergreen or other non-deciduous shrubbery that effectively restricts 50% to 75% of the view to adjoining property. If vegetation is used as the screening material, a reasonable time period for growth will be allowed for the screening to become effective, but fast-growing plants must be selected that are at least 3-feet tall when planted and that are approved by the ACC. (12) The final judgment of whether a gazebo is in good condition or an eyesore in need of repair, cleaning, replacement, or removal shall rest solely with the ACC. (13) References in parentheses are to the relevant Article and Section of the Declaration of Covenants, Conditions and Restrictions, Heron Lakes Estates (CC&Rs) that governs.

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