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<br />WHEREAS, because of the concerns expressed by the Department of Natural Resources <br />(DNR) the proposed accessory structure has been placed on the front (east) property line; and <br /> <br />WHEREAS, the Roseville Planning Commission conducted a public hearing on the request on <br />Wednesday, September 13,2000, and recommended approval (6-0) ofthe requested variances, subject <br />to the following: <br /> <br />Whereas, the Planning Commission finds that a strict application of the City Code <br />would work an unusual hardship on the applicant; and <br /> <br />Whereas, specifically, the unique physical features or the parcel and its limited <br />buildable area prevents the applicant from providing adequate garage space without a <br />variance; and <br /> <br />Whereas, the hardship was not created by the applicant; and <br /> <br />Whereas, the granting of the variance will not significantly impact the health, safety or <br />general welfare of the community; and <br /> <br />WHEREAS, the Roseville City Council received the Planning Commission's recommendation <br />on Monday, September 25,2000; and <br /> <br />WHEREAS, the Roseville City Council made the following findings: <br /> <br />1 Section 10116.22A1 (Non-Conformities) stipulates that non-conformities can continue but are <br />subject to applicable State Statutes and City Ordinance regarding alterations, repair after <br />damage, discontinuance of use, and intensification of use. <br /> <br />2 Section 1016.26B1 (Storm Water Management) requires all single-family lots within the <br />Shoreland Management District to have no more that 25% impervious site coverage. <br /> <br />3 Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of <br />75 feet from the ordinary high watermark (OHW). <br /> <br />4 Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and <br />Lot Area Requirements in R-1 Districts) requires a front yard setback of 30 feet. <br /> <br />5 The property located at 2985 Lexington Avenue is an odd shaped parcel, has topographical <br />challenges such as steep slopes, mature trees and has no reasonable alternative without <br />impacting similar setback requirements. The parcel slopes up from the water's edge south <br />towards Josephine Road, rising 12 to 14 feet to the south property line. <br /> <br />6 Due to the tuck under garage, the site has additional pavement to facilitate the proper <br />movement of vehicles from the garage to Lexington Avenue. <br /> <br />2 <br />