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<br />mandated otherwise by substantive law, is proof by a preponderance <br /> <br />of the evidence. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. <br /> <br />1988) . <br /> <br />Kaldahl also recognizes that "[a] civil action is a proceeding <br /> <br />"different in its nature" from a criminal indictment". Id. The <br /> <br />Kadrie criminal prosecution was instituted to penalize plaintiff's <br /> <br />violation of the Roseville City Code. <br /> <br />This civil action is <br /> <br />remedial in nature, and would require the plaintiff to remove the <br /> <br />offending deck and appurtenances. <br /> <br />Here, as in Kaldahl, the <br /> <br />criminal and civil proceedings were conducted for different <br /> <br />purposes and with different standards of proof. Thus, res judicata <br /> <br />does not prevent consideration of the legal issues raised herein. <br /> <br />PLAINTIFF'S PARTIALLY COMPLETED ABOVE GRADE <br />DECK VIOLATES THE ROSEVILLE ZONING CODE <br /> <br />This first floor patio-deck comes within 17 feet of the normal <br /> <br />high water mark of Lake Josephine, in qross violation of the 75 <br /> <br />foot setback requirement, as set forth in Section 18.100(2) (C) of <br /> <br />the Roseville Zoning Code. <br /> <br />This patio-deck further violates <br /> <br />Section l8.250 of the Shoreland Management Ordinance in that it <br /> <br />constitutes an increase in the substandard dimension, decreasing <br /> <br />the setback from 26.5 feet to 17 feet. Finally, it also extends, <br /> <br />expands and intensifies a non-conforming use in violation of <br /> <br />Sections 11.020 and 11.050 of the Roseville Zoning Code. <br /> <br />PLAINTIPF'S DECK CONSTITUTES A STRUCTURAL <br />ALTERATION RESULTING IN AN INCREASE IN THE <br />SUB-STANDARD DIMENSIONS. <br /> <br />The substandard dimension at issue here is the setback. <br /> <br />Plaintiff Kadrie's case rests upon the premise that because the <br /> <br />6 <br />