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REQUEST FOR COUNCIL ACTION <br />DATE: 10/23/06 <br />ITEM NO: <br />Department Approval: City Manager Approval: <br />BL/JS <br />Agenda Section: <br />Item Description: APPEAL of the VARIAIANCE BOARD'S action to DENY the request by <br />Thomas McDaniel for a VARIANCE to §1016 (Wetlands) of the Roseville <br />City Code to allow a principal structure encroachment into the required <br />setback from a wetland at 527 Owasso Hills Drive (PF378'� <br />1.0 BACKGROUND <br />l.l Thomas McDaniel owns the property located at 527 Owasso Hills Drive. The property is <br />zoned R-1, Single Family Residential, and the Comprehensive Plan identifies the property <br />as Low Density Residential. <br />1.2 The variance request has been prompted by the applicant's desire to construct an addition <br />of approximately 15 feet by 18 feet in size that would reduce the setback from the <br />wetland to about 35 feet. <br />1.3 The City Engineer is the City's designated administrator of the Wetland Conservation <br />Act; as such, she has determined that a natural wetland was present when the site was <br />developed in 1995-1996 and has been enlarged, to some degree, as a result of the use of <br />the wetland since then as a storm water retention pond. <br />1.4 On October 4, 2006 the Roseville Variance Board held the public hearing regarding the <br />request by Thomas McDaniel seeking a VARIANCE to § 1016.016 (Wetlands) of the City <br />Code to allow the construction of an addition onto the rear of his home. The proposed <br />addition would encroach approximately 15 feet into the required 50-foot setback from a <br />wetland. <br />1.5 <br />1.6 <br />1.7 <br />City staff recommended that the variance be denied because no undue hardship would be <br />imposed on the property owner if the requirements of the Code were strictly applied; <br />demonstrating such hardship is necessary for variance approval. <br />The Variance Board voted 3-0 to deny the request. <br />Section 1014.04C of the City Code states that the City Council acts as the Board of <br />Adjustment in variance appeal actions and that an appeal must be acted upon by the City <br />Council at their next regular meeting. <br />PF3787_RCA_Appeai_102306 <br />Page 1 of 5 <br />