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. � ,„ , . � Cit o� ORONO � � � RESOLUTION OF THE CITY COUNCIL NO. 1652 • • • ' • • 7. The City CQUncil has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the owner and applicant and the effects of the non-conforming structure and location of this struc•ture in � relation to the public health, safety and welfare within the community. 8v The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to the property in this zoning district: the •granting of the variance would not adversely effect traffic conditions, light, air nor pose , a fire hazard or other danger•to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrab�e hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning CorJe and � Comprehensive Plan of the City. � 9 . The City Council finds that granting a conditional use permit to the applicant for the continuation -;,of the non-conforming ' structure would not be detrimental to the health, safety or general welfareof the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sectionsfor non-conforming uses within the Zoning Code will be in keeping with the intent and �� of the Zoning Code and Comprehensive Plan of the City. . "�DJ��S CONCLUSIONS, ORDER, AND CONDITIONS Based upon the above findings the City Council o'f Orono grants a Conditional Use Permit per Municipal Zoning Code Section 10. �d3 Subd. 5 to the Hennepin County Park Reserve District to allow the continuation of the non-conforming gazebo stucture and grants a variance to Seciton 10.P13 Subd. 5 (b) to allow structural repairs and restoration of the gazebo in a dollar amount exceeding fifty percent (50$) of the fair market value of the structure, subject to the following conditions: I . Approval is for repair and restoration of the gazebo, with no changes in the confirguration of the structure. • 2. All building repairs must be reviewed by the Building and Zoning Department. A building permit is required. page 2 of 5