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F.The gazebo is located approximately 5' from the existing residence and <br />is considered as a separate accessor>' structure. The location of the <br />gazebo is complimentary to the residence and is connected to the <br />residence by a deck and landscape system. The gazebo does not add to <br />the visual density in the neighborhood. Any fu^ code issues resulting <br />from the 5' separation can be resolved by the construction of fire walls <br />within the adjacent attached garage. <br />G.Since neither Mr. Hegenes nor Mr. Downey were directly responsible for <br />construction of the gazebo, no penalty fees should be assessed but the <br />property owner should be required to obtain an after-the-fact permit for <br />the gazebo and the inspections department should inspect its construction. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants an after- <br />the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit the <br />construction of a gazebo located less than the required 10' from the principal structure on the <br />property, subject to the following conditions: <br />Page 3 of 6 <br />i <br />~ '.J ' .