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<br />· <br /> <br />6. Exhibit 6 - Council resolution no. 9000, dated October <br />1l, 1993, approving the variance for the kitchen addition <br />and denying the variance for the proposed above grade <br />deck addition (2 pages) . <br /> <br />7. Exhibit 7 - Affidavit of Loren Kohnen (2 pages). <br /> <br />8. Various pictures of Kadrie home showing lakeshore, <br />kitchen addition, uncompleted above grade deck and on- <br />grade patio-deck. <br /> <br />9. Relevant provisions of the Roseville Zoning Code. <br /> <br />10. Freeman vs. Count v of Rice, Finance and Commerce <br />Appellate Courts Edition, November 4, 1994, unpublished <br />opinion. <br /> <br />FACTS <br /> <br />Charles Kadrie's home, located at 1281 Josephine Road, was <br /> <br />build in 1967, prior to Roseville's adoption of the Shoreland <br /> <br />Management Ordinance (which prohibits structures closer than 75 <br /> <br />feet from the shoreline). The structure was built 37 feet from the <br /> <br />shoreline with an above grade deck extending an additional 10.5 <br /> <br />feet closer to the shoreline. <br /> <br />A grade level "patio" (or deck) <br /> <br />extends to within 15 feet of the shoreline. Ex. 4, page 4, of the <br /> <br />9/8/94 Roseville Planning Department Report, has an excellent <br /> <br />diagram of the above factors. <br /> <br />The grade level patio is not <br /> <br />attached in any way to the structure. Ex. 7, Kohnen Affidavit. <br /> <br />In August of 1988, Mr. Kadrie applied for and received a <br />shoreline permit from the Roseville City Council to locate a family <br />room addition between the house and the free standing garage (Ex. <br /> <br />1). This addition would not bring the structure any closer to the <br /> <br />shoreline. However the Planning Department mistakenly notes that <br /> <br />the structure is set back 75 feet from the lake. In 1991, (3 years <br /> <br />2 <br />