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<br />,. <br /> <br />STATE OF MINNESOTA <br /> <br />DISTRICT COURT <br /> <br />COUNTY OF RAMSEY <br /> <br />SECOND JUDICIAL DISTRICT <br /> <br />-------------------------------- <br /> <br />Court File No. T9-94-613871 <br /> <br />City of Roseville, <br /> <br />Plaintiff, <br /> <br />vs. <br /> <br />PLAINTIFF'S <br />MEMORANDUM <br /> <br />Charles Kadrie, <br /> <br />Defendant. <br /> <br />-------------------------------- <br /> <br />FACTS <br /> <br />Mr. Kadrie owns a home located at 1281 Josephine Road in the <br />City of Roseville. Mr. Kadrie's home was built in 1967 with a deck <br />on the first floor and a patio at grade level. The principal <br /> <br />structure is located 37 feet from the shoreline. The grade level <br /> <br />patio is located within 15 feet of the shoreline. In August of <br /> <br />1988, Mr. Kadrie received a shoreline permit from the Roseville <br /> <br />City Council to locate an addition between the house and the free <br /> <br />standing garage. This addition did not bring the structure closer <br /> <br />to the shoreline. <br /> <br />In 1991 Mr. Kadrie applied for the building permit for this <br /> <br />addition. Attached to the permit were plans that showed a proposed <br /> <br />expansion of the kitchen area onto the existing first floor deck <br /> <br />with a new deck being extended beyond the addition. Mr. Kadrie <br /> <br />began construction of the kitchen addition in 1993. Mr. Kadrie <br /> <br />applied for a variance to Section 18.100 of the Roseville Zoning <br /> <br />Code for the addition to his home. The variance requested an <br />