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<br />MEMORANDUM <br />On May 13, 1994, the defendant, Charles Kadrie was cited with <br />two misdemeanor violations contrary to the Roseville Zoning Code. <br />Specifically he is charged with a set-back violation allegedly <br />contrary to section 18.100 (2) (c) of the Shore Land Management <br />Ordinance and a substandard use violation allegedly contrary to <br />Section 18.250 of "the Shore Land Management ~rdinance. <br />The parties essentially agree to the facts which gave rise to <br /> <br />these two citations. <br /> <br />The defendant owns a home located at 1281 <br /> <br />Josephine Road, Roseville, Minnesota. This home was built in 1967 <br />and was constructed with two decks, one at grade level and one on <br />the first floor level. The residence is located thirty-seven (37) <br />feet from the shoreline and the at grade deck is located fifteen <br />(15) feet from the shoreline. In 1988, the defendant received a <br />shoreline permit to locate an addition between the house and the <br />then free standing garage. This addition did not bring the <br />structure closer to the shoreline but it was closer then seventy- <br />five (75) feet from the shoreline and as such is in violation of <br /> <br />the Shore Land Management Ordinance. <br /> <br />section 18.100 (2)(c) <br /> <br />requires that all structures be setback from the normal high water <br /> <br />line by a distance of seventy-five (75) feet. However, this <br /> <br /> <br />ordinance did not apply to the defendant at that time since his <br /> <br /> <br />property qualifies as a substandard use as defined in section <br /> <br />18. 250 of the ordinance. This property is a substandard use <br /> <br /> <br />because it was already located too close to the high water mark at <br /> <br /> <br />the time the ordinance was passed. Therefore, a variance was not <br /> <br />3 <br />