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Last modified
7/17/2007 11:59:13 AM
Creation date
12/8/2004 12:12:17 PM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2614
Planning Files - Type
Variance
Address
1281 JOSEPHINE RD
Applicant
KADRIE, CHUCK
Status
APPROVED
PIN
032923120007
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<br />· I <br /> <br />.' <br /> <br />, . <br /> <br />required for this addition. <br />In 1991, the defendant applied for and received a building <br />permi t for additional work which included plans that showed a <br />proposed expansion of the kitchen area onto the existing first <br />floor deck with a new deck extended beyond this addition. The <br /> <br />permit was granted and the construction on the kitchen addition and <br /> <br />new deck commen~ed. <br /> <br />In July, 1993, city_ staff for Roseville <br /> <br />ordered the defendant to stop further construction cla:~ing that <br /> <br />the cons~ruction was in violation of the Shore Land Management <br /> <br />Ordinance. The defendant then applied for a variance to Section <br /> <br />18.100. A partial variance was granted that did not include the <br /> <br />new deck. In denying the variance, the council stated that they <br /> <br />would not permit the defendant to increas= the substandard <br /> <br />dimensions of the structure as this violated section 18.250. <br /> <br />The City argues that the defendant is guilty of each of these <br /> <br />ordinance violations. They argue that as a substandard use the <br /> <br />structure cannot be altered or increased in dimensions. <br /> <br />It is <br /> <br />their claim that any additions beyond the point where the deck was <br /> <br />originally situated on the first floor is an increase in dimension <br />and a violation of the ordinance. In makin~ this claim, the city <br /> <br />argues that the at grade deck is not a deck and is really a patio. <br /> <br />Therefore, it is not an appurtenant structur~. so it is not an <br />- . . <br /> <br />appropriate measuring line. Alternativelý, they argue that even if <br />it is an appurtenant structure, the ordinance prohibits expanding <br />the dimensions of substandard uses. <br /> <br />The defendant argues that the court must determine the minimum <br /> <br />4 <br />
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