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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. Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of 75 feet from the ordinary high watermark (OHW). 3. Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-1 Districts) requires afront yard setback of 30 feet and side yard setbacks of 10 feet. 4. Section 602.06 (Parking of Boulevard Prohibited) does not allow parking of vehicles in the street right-ol-way (boulevard. 5. The property owner did not create the hardship. The lot division occurred and the structure was constructed and improved many years before the current property owner purchased the property. City records indicate the existing structure was constructed in 1957 with municipal sewer and water being installed in 1964. The Roseville City Code was adopted in 1959 and the Shoreland Ordinance adopted in 1974. 6. Like many homes built prior to the Shoreland Ordinance being adopted, the Vesterholt structure does not comply with the established 75-foot setback from the Ordinary High Watermark. Requiring a setback of 75 feet from the OHW would be unworkable and require removal of existing living area. 7. The new construction (garage addition) can be justified as added livability, accessibility and by providing necessary space for maneuvering vehicles, and provision of accessible storage for Ms. Vesterho/t who has a disability. 8. The addition, though within the required ten-foot side yard setback, is consistent at five feet with the other lots within the cul-de-sac and neighborhood. 9. City records indicate that the right-ol-way for Heinel Circle was dedicated with the original Oak Point plat in 1949, but do not indicate why the existing home infringes 15 feet within the required front yard setback. With the additional eight foot requested encroachment into the required setback the proposed garage will set within seven feet of the street right-ol-way line. The distance from the proposed addition to the street curb will be approximately 37 feet and will be visually consistent with 695 Heinel Circle. Within this 37 feet a vehicle can be completely parked off of the street pavement. There appears to be no adverse impacts to the surrounding properties. 10. The curb line of the cul-de-sac is situated approximately 30 feet from the property line, thus allowing ample area between the new garage addition and street curb line to park a vehicle, which does not create any significant impacts on the minimally (mostly adjacent residents and mail delivery) traveled Heinel Circle. 3