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attempting to be accomplished with the wetland setback; and would adhere to <br />Commissioner consensus for denial. <br />Chair Bakeman spoke in support of denying the request, expressing her strong support of <br />wetlands and lakeshores. <br />For staffs reference, Commissioners concurred that staff's hardship test related to the <br />existing home being larger than ninety-seven percent (97%) of the houses in the City, was <br />not an applicable test for granting or denying a variance. However, Commissioners <br />concurred that a reasonable use existing for the home; and protection of the fifty-foot (50') <br />setback for wetland protection was certainly applicable. <br />6.4 The Variance Board voted 3-0 to adopt Variance Board resolution 47 to DENY the <br />request for a 15-foot variance to § 1016.16 (Wetland Setbacks) of the City Code, which <br />specifies that "hardships" are NOT present and so support CANNOT be given to deviate <br />from the strict requirements of the Roseville City Code. <br />7.0 SUGGESTED COUNCIL ACTION: <br />7.1 The City Council has two options pertaining to the VARIANCE APPEAL by Mr. <br />McDaniel: <br />a. The Council can concur with the Variance Board's decision to deny the requested <br />variance, concluding that no hardships are present to warrant granting a variance; to <br />act on this decision the City Council could ADOPT a RESOLUTION DENYING a <br />VARIANCE to Section 1016.16 (Wetland Setbacks) of the City Code. This action <br />will require findings of fact denying said request (see Attachment J: Draft Concurring <br />Resolution). <br />b. The Council can support the applicant's request, determining that hardships are <br />present that warrant granting a variance; to act on this decision the City Council could <br />ADOPT a RESOLUTION APPROVING a 15 foot VARIANCE to Section 1016. <br />16 (Wetland Setbacks) of the City Code (see Attachment K: Draft Variance <br />Approval Resolution). <br />Prepared by: Associate Planner Bryan Lloyd (651-792-7073) <br />Attachments: A: Area Map <br />B: Aerial Photograph <br />C: Proposed Site Plan and applicant narrative <br />D: Selection from the City's May 1995 Asbuilt Sanitary Sewer Drawing <br />E: Illustration ofthe existing house, wetland boundary, and required setbacks <br />F: Rehbein Survey <br />G: Schoell Madson plat <br />H: Staffreport/packet from 10/04/2006 Variance Board meeting <br />I: Draft minutes from 10/04/2006 Variance Board meeting <br />J: Draft Concurring Resolution <br />K: Draft Variance Approval Resolution <br />L: Applicant's appeal letter <br />M: Applicant's September 2000 letter to City documenting flooding of wetland <br />P F3 787_RCA_Appeal_ 1023 06 <br />Page 5 of 5 <br />