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<br />the defendant was guilty of the alleged violations and entered <br />findings of not guilty. <br /> <br />C. The Home of Mr. Kadrie is located at 1281 Josephine Road in <br />the City of Roseville. <br /> <br />D. This home was built in 1967. <br /> <br />E. The residence it self is located 37 feet from the shoreline of <br />. Lake Josephine. <br /> <br />F. The parties dispute whether an at grade n deck patio n is an <br />appurtenance or not, but agree that it was built in 1967 and <br />extends to within lS feet of the shoreline of Lake Josephine. <br /> <br />G. In 1988 Mr. Kadrie applied for and received a building permit <br />to locate an addition between his house and the then free standing <br />garage, and the structure covered by such permit was closer than 7S <br />feet from the shoreline of Lake Josephine, but the addition was <br />towards the street and would not result in any part of the <br />residence being closer to the lake. <br /> <br />H. That the following documents shall be deemed admissible as <br />evidence without any further foundation, subject to objections of <br />relevancy: <br /> <br />1. Exhibit 1 - Plaintiff's request for shoreline building <br />permit for bathroom addition and family room addition and <br />approval of Roseville as to same (consisting of 4 pages) . <br /> <br />2. Exhibit 2 Building permit application for the <br />construction of the family room, as applied for in 1988 <br />(1 páge) . <br /> <br />3. Exhibit 3 - Variance application to construct kitchen <br />addition and above grade deck (4 pages) . <br /> <br />4. Exhibit 4 - Planning report pertaining to the variance <br />requested dated September 8, 1993 (4 pages) . <br /> <br />S. Exhibit 5 - Roseville staff report by Mike Falk of <br />plaintiff's variance request dated September 27, 1993 (3 <br />pages) . <br /> <br />6. Exhibit 6 - Council resolution no. 9000, dated October <br />11, 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. The parties may submit to the court, along with their <br />respective memorandums, pertinent parts of the City of <br />Roseville ordinances. <br />