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Tó\. \'(acÌv\ÌG ~ Le 'J-I ~ / Cf (p City of Roseville Community Development Department Memo Feb6,1996 TO: Steve Sarkozy, City Manager ::ì ~ò ' FROM: Dennis Welsch, Community Development Director (490-2~ RE: Kadrie Civil Case Judgement of January 29, 1996 You asked that I review the Kadrie decision to determine if it was consistent with the Council's decision in the matter as expressed in Resolution 9000 of October 13, 1993. First, the City's setback for new structures along Lake Josephine is 751. Pre-existing structures with non-conforming setbacks were allowed to remain but not extend the non-conforming dimensions. In Kadrie's case, the pre-existing setback was the deck, with a setback of 261-6". In Resolution 9000 the Council agreed to allow Mr. Kadrie to complete his kitchen (with specific volume and setback dimensions) to the same setback as the pre-existing deck (26'-6" from the lakeshore). However, the Council denied any further encroachment toward the lake on either the upper or lower level. This meant that Mr. Kadrie could not continue to construct a deck around the outside of and lakeward from the new kitchen. Judge Flynn's decision on January 29,1996 found the deck extension to be in violation of the Shoreland Management Ordinance and ordered Mr. Kadrie to remove the partially constructed deck and to come no closer than 26'-6" to the shoreline with any structural extension. This was the same setback distance the Council had a2reed to in Resolution 9000. If Mr. Kadrie does not appeal Judge Flynn's decision by May 1, 1996, the partially constructed deck should be torn down this spring (1996) when weather is more suitable. The staff suggests that June 1, 1996 is a workable deadline to remove the deck. The Community Development staff will work with Mr. Converse to see that Mr. Kadrie and his attorney Dennis Smith are made aware of this deadline. 1 ..