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4.0 BACKGROUND: 4.1 Thomas McDaniel owns the property located at 527 Owasso Hills Drive. The property is zoned R-1, Single Family Residential, and the Comprehensive Plan identifies the property as Low Density Residential. 4.2 The variance request has been prompted by the applicant's desire to construct an addition of approximately 15 feet by 18 feet in size that would reduce the setback from the wetland to about 35 feet. 4.3 The City Engineer is the City's designated administrator of the Wetland Conservation Act; she has determined that the natural wetland present when the site was developed in 1995-1996 has been enlarged, to some degree, as a result of the use of the wetland since then as a storm water retention pond. 5.0 STAFF COMMENT: 5.1 Section 1016.16 (Wetland Setbacks) of the City Code requires a 50-foot setback for residential structures from the delineated boundary of a wetland. 5.2 The proposed construction is considered an expansion of the residential structure and therefore not a legal encroachment into required setbacks. 5.3 The applicant's Site Plan indicates that the 50-foot setback from the current delineation of the wetland boundary overlaps part of the existing structure and nearly all of the proposed addition. City staff has determined that it would unreasonable to require the applicant to observe a 50-foot setback from this new wetland boundary, which encompasses more of the lot than the originally delineated. 5.4 In such cases where a natural wetland has been expanded because of its operation as a storm water pond, Community Development and Engineering staff recommend requiring a 50-foot setback from the previously-delineated boundary of the natural wetland. 5.5 A review of the surrounding area concludes that the McDaniels' home stands substantially closer to the wetlands than many of the homes adjacent to this wetland area. 5.6 The applicant is the original owner of the home, and based on City records, the existing structure appears to have been built up to the required 50-foot setback from the original wetland boundary delineation. 5.7 Section 1013 of the Roseville City Code states: "Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done." PF3787 RVBA 100406 Page 2 of 4