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with this project, approximately 330 square feet of concrete patio will be removed and approximately 80 feet of concrete patio will be created. 2.3 The existing non-conforming 6,545 square foot (.17 acre) lot has approximately 85 feet of frontage on Josephine Road Wand is approximately 77 feet in depth. The existing one-story brick house on the property was constructed in 1962 and is set back approximately 30 feet from the OHWL of the lake. It appears that the accessory building on the property, which is set back 18 feet from the OHWL, was constructed prior to the house and may have been used for living space as the house was being constructed. The accessory building is located approximately three feet from the house, five feet from the west property line, and 20 feet from the OHWL of Lake Josephine. The house, attached garage, detached accessory structure, and driveway/walkway occupy approximately 4,600 square feet (70 percent of the lot area is impervious surface). 2.4 The new addition would be set back five feet from the west property line and 22 feet from the OHWL of Lake Josephine. The new addition will provide the applicant's with additional living space, including a solarium and an office area. The Sellars considered the option of converting the accessory building to living space; however, the condition of the building and problematic nature of connecting it to the main house made this option infeasible. This option would have also required a variance from the setback requirement because it would change the structure from an accessory structure to part of the principal structure. With the new addition in place of the detached accessory structure, the total impervious lot coverage remains at 4,600 (70 percent of the lot area). 2.5 Section 1016.13, City Code, classifies Lake Josephine as a Minnesota Department of Natural Resources designated general development lake. All land within 1000' of the OHWL of a protected body of water is included within the shoreland management district for that water body. Section 1016.16A requires a structure setback of 75 feet from the OHWL within a shoreland management district. The front yard (street side) setback and side yard setbacks in a shoreland area are the same as the underlying zoning district. Section 1004.020 requires a front yard setback of 30 feet in an R-1 zoning district and Section 1012.01 B requires a side yard setback of five feet for lots in R-1 zoning districts that were lots of record on May 21, 1959. As this is the requirement for the underlying zoning district, the five foot side yard setback would apply to this parcel. Since the existing structure does not meet the setback requirements, it is classified as a non-conforming structure. Section 1016.22 requires all additions or expansions to the outside dimensions of a nonconforming structure to meet the setback, height and other requirements of Sections 1016.14 through 1016.16. Any deviation from these requirements may only be authorized as a variance pursuant to Section 1016.20. PF#2925 - RPCA (08/13/97) - Page 2 of 4