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<br />fF 31lfD <br /> <br />REQUEST FOR CITY COUNCIL ACTION <br /> <br /> <br />Manager Approved: , <br />, 6- <br /> <br /> <br />DATE: 10/25/99 <br />ITEM NO: I-I <br />Agenda Section: <br />LAND USE <br /> <br />Item Description: <br /> <br />Chuck Kadrie, 1281 Josephine Road, Shoreland variance <br />request (PF3140) <br /> <br />REQUEST: Applicant (Kadrie) originally sought approval of a variance to allow a deck <br />extension to remain attached to the house based on additional lake setback <br />created by filling of shoreline for erosion protection. Mr. Kadrie has <br />modified the request to eliminate the request for a deck extension and instead <br />requests that the City approve a variance to allow a three (3) foot wide <br />maintenance deck or walkway across the front face of the structure. <br /> <br />, 1.0 BACKGROUND <br /> <br />1.1 In July 1999 Mr. Charles Kadrie, 1281 Josephine Road, requested the City Council to consider an <br />appeal on a previously denied variance from a Lake Josephine shoreland setback case (PF2614- <br />October 1993). Mr. Kadrie explained that conditions have changed since 1993 and provided a <br />signed list of approximately 24 neighbors who supported the request to complete and'retain the <br />deck. The City Council referred Mr. Kadrie to the variance process and requested that he start <br />with the required Planning Commission variance hearing. Mr. Kadrie's request has now been <br />modified to request a three-foot wide maintenance walkway in lieu of the extended deck. <br /> <br />1.2 In October of 1993 the City Council approved a variance to allow Mr. Kadrie to alter and expand <br />the existing house and deck to within 26 feet 6 inches of the normal high water line. At the same <br />time, the Council determined that any extension of the deck closer to Lake Josephine than 26 <br />feet 6 inches would constitute a shoreland setback encroachment and must be removed. (Mr. <br />Kadrie contended that the at-grade wood patio which extended to within 15 feet (vs. 26'-6") of <br />the shoreline should be the maximum extension of the upstairs, first floor deck.) , <br /> <br />1.3 In late 1993, a city criminal citation was issued to Mr. Kadrie stating the deck extension beyond <br />the kitchen was a violation of the shoreland setback requirements and had been previously <br />denied by the City Council. Ramsey Coun ty District Court Judge Joanne Smith determined that <br />the City had not proven the violation beyond a reasonable doubt, and entered findings of not <br />guilty. <br /> <br />RCA (102599).docPage I of6 <br />