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. J ~.... 11 )1 REQUEST FOR COUNCIL ACTION DATE: 08-14-95 ITEM NO.: I-I Item Description: Agenda Section: Report and Recommendation Daniel Oren request for a shoreland setback variance at 367 S. Owasso Boulevard and a variance to the lot size and width requirements of the Shoreland Management Ordinance. Manager Reviewed: ~4- Department Approval: Background 1. Mr. Oren owns a lot located at 367 S. Owasso Boulevard in Roseville. The property is zoned R-1 single family and is located in the shoreland management district for Lake Owasso. Mr. aren's house was constructed in the 1930's as a cabin retreat on a small lot in the northeast comer of Lake Owasso. It is Mr. aren's intention to improve his property by adding an addition and updating the existing facility. 2. In October of 1994, Mr. Oren presented a building permit application to the building inspection staff to add an addition to his existing cabin structure, significantly upgrading and improving his property. The original structure was located 37 feet trom the Lake Owasso shoreline. The past interpretation of the shoreland management ordinance had been that existing structures, prior to the enactment of the ordinance could be expanded as long as the substandard distance to the lake was not reduced. In Mr. aren's case, his original plan proposed an extension trom the rear ofthe existing cabin, away trom the lake and south toward the road. Based on those plans, a permit was issued to Mr. Oren to build his addition to the existing cabin. After pricing out the plan that was approved and discovering it to be more than anticipated, Mr. Oren presented revised plans to the City in approximately April/May of 1995 seeking to substitute new plans for the October, 1994 plans for which a building permit had been issued. The new plans indicated demolishing most of the existing structure and building a new house over the footings and foundation of the existing basement. In the review of the April 1995 plans, the fact that the new plans required demolishing portions of the old structure and additions of3 new course of foundation block was not considered significant. Mr.Oren was allowed to begin construction. As soon as the demolition of the cabin began, staff was alerted by Mr, aren's neighbors and asked that the construction project be halted. This is based on the interpretation of the shoreland code that if a legal non-conforming site is demolished, the new setback requirements would be enforced. The staff had interpreted the code to allow reconstruction as long as the outside walls/foundation remained. However, most was removed in the demolition process. The City's legal counsel indicated that the footings and foundation of the basement that are remaining do not constitute a structure and 1