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<br />behind that doctrine is to increase the likelihood that such uses <br />will in time be eliminated due to obsolescence, exhaustion, or <br />destruction." <br />Roseville city code Chapter 11 would prohibit any extension or <br />expansion of a non-conforming structure. The Kadrie home is a non- <br />conforming structure. The kitchen addition and the surrounding <br />deck clearly expand and extend that structure in violation of §§ <br />11.020 and 11.050. <br />County of Lake v. Courtney, 451 N.W.2d 338 (Minn. App. 1990) <br />and Freeman v. County of Rice, November 4, 1994, Finance & Commerce <br />Appellate Court Edition, attached, present facts very close to <br />those at issue here. <br />In Courtney, the cabin was setback only 50 feet from the <br />normal high water mark of Lake Superior, in violation of the 75 <br />foot setback provision. Courtney applied for a building permit and <br />variance to construct a new two-story house on the same property. <br />The variance request was denied because the building setback was <br />still insufficient. He went on to remodel the existing cabin <br />without a building permit or variance. He removed most of the <br />walls and roof of the structure and started to build a new <br />structure on the existing foundation pillars and timbers. The <br />qround coveraqe area was not expanded although the roof line was <br />higher than the prior structures. The court determined that this <br />new higher structure was certainly an enlargement of the <br />nonconformity and, thus, in violation of the Lake County Zoning <br />Ordinance. 451 N.W.2d at 341-43. <br /> <br />9 <br />