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. � °� � � ._. <br /> � o 0 <br /> ��b- - CITY of ORONO <br /> � � � <br /> �� �'�'� RESOLUTION OF THE CITY COUNCIL <br /> � ��kESH�g'� NO. .s'�'� "7 q <br /> F. The gazebo is located approximately 5' from the existing residence and <br /> is considered as a separate accessory 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 fire code issues resulting <br /> ' from the 5' separation can be resolved by the construction of fire walls <br /> within the adjacent attached gazage. <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 /> • 4. 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 /> 5. 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 hazdship 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 /> . <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 />