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EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meetin¡ of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly held on the 22n day of January 2001, at 6:30 p.m. The following members were present: Maschka, Goedeke, Kysylyczyn and the following were absent: Mastel Council Member Goedeke introduced the following resolution and moved its adoption: RESOLUTION NO. 9861 A RESOLUTION APPROVING VARIANCES FROM SECTION 1004.02D5 (DWELLING DIMENSIONS AND APPEARANCES AND HEIGHT, FRONT AGE, YARD AND LOT AREA REQUIREMENTS IN R-l DISTRICTS), 1016.16A (STRUCTURE DESIGN STANDARDS), AND l016.22Al (NON-CONFORMITIES) OF THE ROSEVILLE CITY CODE FOR PROPERTY LOCATED AT 699 HEINEL CIRCLE. WHEREAS, Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-1 Districts) requires a front yard setback of30 feet for the property at 699 Heinel Circle; and WHEREAS, the property owner wants to eliminate an existing (unsightly) shed and construct an addition onto his existing garage to improve handicapped accessibility for his wife. The existing garage, 19 feet wide by 21 feet deep (399 square feet) lies approximately 15 feet from the front yard (east) property line. The proposal would place the garage approximately 7 feet from the front property line. This front yard setback variance also requires a variance from Section 602 allowing vehicles to be parked within street right-of-way. WHEREAS, Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-1 Districts) also requires a side yard setback of 10 feet for the property along the northeast property line; and WHEREAS, the property owner proposes to extend the garage towards the northeastern side yard property line to create an additional stall and enclosed storage area. The design and additional area will offer accessibility to stored items and greater movement around vehicles. However, the proposed addition would encroach five feet into the required 10-foot side yard setback; and WHEREAS, Section 1016.22A1 (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; and WHEREAS, the principal structure has been determined to be a pre-existing non-conforming structure that was constructed prior to the City adopting Shore land, Wetland, and Storm Water Management regulations. The specific non-conformity is the distance the principal structure is setback (56 feet) from the Ordinary High Watermark; and 1