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recommendation on Monday, October 25, 1999; and WHEREAS, the Roseville City Council made the following findings: 1 Section 1016.22C requires a minimum shoreland setback of 75 feet, but allows for nonconforming structures if: the house was built prior to March 27, 1974; no reasonable alternative deck location could be found; and, the proposed deck extension would not exceed 15% of the existing structure setback from the lake or be no closer than 30 feet, whichever is the greater setback 2 The closest a nonconforming deck structure can be extended to the shoreline is 30 feet; in the Kadrie request the maintenance deck would be within 23'6"of the original shore and 29'6" from the repaired shoreline. 3 The amended proposal is consistent with the purposes of the shoreland code, which is to reduce structure development and density adjacent to the shoreline, improve aesthetics, reduce runoff and erosion, and retain water quality. By removing the original deck the Code requirements would be met and the maintenance walkway would be 29 feet, six inches from the repaired shore. 4 By fiJJjng the shoreline, the applicant asserts that some additional relief from setback requirements should be provided. Filling and shoreland protection is not considered a method to further encroach structures on the shoreline. If this structural encroachment were considered the incentive, more lake and shoreland fiJJjng would occur, reducing the public water body. The MnDNR has objected to this reasoning and increased encroachment on the shoreline. 5 Section 1013.02 of the City Code requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. Mr. Kadrie has described the physical hardship as the inability to exit the main kitchen space or maintain the 14 to 16 high glass wall without a 3 foot maintenance walk. 6 Because the requested structure already occupies the site, the proposed variance, if granted, will not further adversely affect the public health, safety, or general welfare, provided standards/conditions. 7 Over the past two years the Planning Commission and/or City Council have considered similar requests. Though each request is unique and has a different set of circumstances, in the case of 1199 and 1225 Lake Josephine Road, the requests were modified to either set the requested improvement further away from the lakeshore or retain/improve the existing patio surface, respectively. In the Kadrie case, the maintenance deck nearly meets the minimum 3D-foot setback for a pre-existing deck when measured from the repaired shoreline. If the variance were approved, Mr. Kadrie would be required to remove the 6 foot, 4 inches of an existing non-conforming deck. 8 The Planning Commission and City Council have reiterated the City policy of not approving variances for issues where physical hardship can not be demonstrated. In this case Mr. Kadrie cites the need for access and property maintenance as hardship. NOW THEREFORE BE IT RESOLVED by the City Council (the "Council") of the City of Roseville, Minnesota (the "City"), Ramsey County, Minnesota, that a variance to reduce the Page 2 of3