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� � 5.6 The pli�ht of the landowner is due to circumstances unique to the propertv not created b�y the landowner: Substandard lots are not "unique" in Roseville, but they do present real challenges in light of the requirements of the City Code. The subject property was platted and improved before the City had a Zoning Ordinance and long before it had shoreland regulations. Although the Planning Division is not advocating that shoreland regulations should be overlooked (they do provide great benefit and protections in certain situations), staff is indicating that in this case they limit or restrict replacement and improvement of a unique challenging property; the Planning Division has therefore determined that the plight of the landowner is due to circumstances not created by the landowner. 5.7 The variance, if granted, will not alter the essential character of the localit� There are a number of older aging structures that lie within the required 75- foot shoreland setbacks within Roseville. While the City is not compelled to grant variances just for the sake of allowing or affording modernization of existing homes, State Statute does allows these structures to be replaced and expanded upon should the City deem the expansion appropriate. The allowance for a 4-foot extension of an existing porch towards the lake and within the required setback will not alter the essential character of this locality, nor does such an improvement adversely affect the public health, safety, or general welfare of the city or adjacent properties. Although not a gauge to determine essential character of the locality, many properties in the area have been replaced by much larger structures and a few of these single family homes lies between 30 and 40 feet from the OHWL. f).O STAFF RECOMMENDATION Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends approval of a vAR�ANCE to the shoreland setback requirement established in § 1017.16 (Shoreland Setbacks) of the City Code to allow the proposed porch at 361 South Owasso Boulevard, with the following conditions: a. The proposed addition shall be consistent in size and location with the site plan included with this staff report as Attachment E; b. The impervious coverage on the property shall not exceed 25% of the overall lot area; and c. The variance shall expire 6 months of the approval date if a building permit is not issued, pursuant to § 1013.03 of the City Code. %.O SUGGESTED ACTION ADOPT VARIANCE BOARD RESOLUTION 86 approving a VARIANCE to Section 1017 of the City Code that would allow the construction of the proposed porch, based on the comments and findings of Section 5 and the conditions of Section 6 of this report. PF09-016 RVBA 070109 Page 3 of 4