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WHEREAS, the Roseville Planning Commission conducted a public hearing on the request on Wednesday, October 11,2000, and recommended approval (5-0) of the requested variances, subject to the following: 1. Whereas, the Planning Commission finds that a strict application of the City Code would work an unusual hardship on the applicant; and 2. Whereas, the hardship was not created by the applicant; and 3. Whereas, the granting of the variance will not significantly impact the health, safety or general welfare of the community. WHEREAS, the Roseville City Council received the Planning Commission's recommendation on Monday, October 23,2000; and WHEREAS, the Roseville City Council stipulates that City Code Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-l Districts) requires a front yard setback of30 feet and a side yard setback of5 feet, and further, that Section 1016, requires a 75 foot setback from the lake and a lot width at the shoreline of 100 feet, and further, that a variance requires the applicant to prove physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance, and WHEREAS, the Roseville City Council made the following findings: 1 Section 10116.22A1 (Non-Conformities) stipulates that non-conformities can continue but are subject to applicable State Statutes and City Ordinance regarding alterations, repair after damage, discontinuance of use, and intensification of use. 2 The property located at 382 North McCarrons Boulevard is an odd shaped parcel, has steep slopes to the northeast and east, is restricted due to a city sewer line and 20 foot wide easement along the east side of the lot, and has no reasonable alternative. The former four-season porch and its current concrete slab foundation are pre-existing, non- conforming structures. 3 The Sladky request has been forwarded to the Department of Natural Resources for review and comment. The Department of Natural Resources has suggested the Sladky four-season porch be reduced, but indicated they would not oppose the replacement in the exact location, on the existing slab. 4 The unique parcel configuration is classified as a pre-existing, non-conformity within the Shoreland Ordinance. 5 The Assistance City Engineer has recommended the Sladkys, through a separate request, apply for a small easement vacation on the western property line (1 to 2 feet) to reduce any possible future problems with title to the property 6. A strict application of the City Code would work an unusual hardship on the applicant. 2