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The gazebo improved the property and makes it nice. She can see the finial from her home and stated it is not a disturbing sight. She would like to see the structure left as is and felt it shouldn't really bother anyone. Mr. Cravotta stated that the gazebo can be seen from his dining room. They can see the finial as well as the pole, roof and part of the vertical structure. Even if the gazebo is moved back five to ten feet, it would not be moved directly towards the fence line but more parallel with the fence line. It would be away from the back of his yard and he would see it but off to the side. He is requesting a few more evergreen pear trees be planted to screen the gazebo. There being no further testimony, Mr. Tarver declared the public hearing closed. Ms. Dennis stated that she had gone to the site and observed that the cedars are almost as tall as the gazebo. As far as preserving the ridgeline view, she thought the trees would be more of an issue than the gazebo itself. The location of the gazebo on the lot seems logical from walking around the backyard. In terms of planting more trees, she is not sure they would survive because of the shade and density. She did not think the trees were necessary and felt they might not even help. She stated that everyone should go down to the Building Department and check to see if building permits are needed before building or replacing structures. Mayor Tarver concurred about the building permits. It is always a good idea to check with the building department. Sometime someone will invest a lot of money in a structure and they will be told to take it down. He felt the setbacks do apply to this lot but felt the neighbor would be further damaged if the gazebo were moved back. He supported the variance. It was moved by Ms. Dennis, and seconded by Ms. Michelotti, that Resolution No. 95-134 be adopted, denying the appeal and thereby approving the variance to allow an existing, approximately 15'0' tall open gazebo within the required front yard of a single-family lot, and approving the design for the gazebo. The r011 call vote was as follows: AYES: Councilmembers Dennis, Michclotti, Mohr, Pico, and Mayor Tarver NOES: None ABSENT: None ABSTAIN: None 1Vis. Acosta stated that she felt most people think that building permits are something the City dreams up for trying to collect money or to be a nuisance but they do not take into consideration the safety of a structure, even if it doesn't have plumbing or electrical or those types of things. It can still be unsafe and could harm someone if the structure fails. Ms. Michelotti stated that building permits are for your benefit. They are there to insure that if someone, such as a contractor, is doing something for you, that it is done correctly. 11/21/95 -12-