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is an uninhabitable structure and Mr. Rustad's solution, having tried everything else, is to tear the existing structure down and rebuilt in the original location. 5. As the lot is platted and the existing house located on the lot, the house would be considered a legal non-conforming use. In order not to increase the setback dimension, Mr. Rustad is proposing to rebuild the house with the exact footing and foundation footprint. The new house would be exactly the same distance from the ordinary high water mark. He is proposing to update the house as he rebuilds it. Specifically, he would modify the roof line to incorporate a second story living area on the rear half of the building. Again, all setbacks from the ordinary high water mark, from the side lot lines and from the street frontage, would remain exactly as they are presently configured. 6. The Planning Commission, at their November 10, 1993 meeting, recommended approval of David Rustad's request for variance to the provisions of the shoreland management ordinance at 329 S. Owasso Boulevard. Alternatives: 1. Deny the application for a variance based on the findings that the proposal is not consistent with the standards of Roseville's shoreland management ordinance. 2. Grant the variance based on the finding that the proposal would be consistent with the standards of the City's shoreland management ordinance and would not be detrimental to the area. Policy Objectives: 1. To ensure that development occurs consistent with city's zoning ordinances and comprehensive plan. 2. To grant variances where it can be demonstrated that the proposed use would not be detrimental to the general health, safety, and welfare of the community. staff Recommendation: 1. RosevilleT s shoreland management ordinance does provide for the use of shorelands in existence prior to the date of enactment of the ordinance that do not meet minimum lot areas or setbacks. The S. Owasso Blvd. neighborhood contains many substandard lots with structures that are not 75 feet from the ordinary high water mark. The hO\lse that Mr. Rustad has purchased and is trying to renovate has been a problem for both the city of Roseville and certainly the neighbors nearby for a number of years. Given the current circumstances in the neighborhood and given the fact that Mr. Rustad is not proposing to increase the setback violation to the shoreline,