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1.4 In a civil case in January of 1996, Ramsey County District Court Judge Paulette Flynn (Kadrie vs. City of Roseville) ordered Mr. Kadrie to remove portions of the deck and come no closer than 26 feet, 6 inches, to the shoreline with any structural extensions. In the findings of fact Judge Flynn also confirmed that the on-grade patio which extends to within 15 feet of the lakeshore was/is not attached to the house. Judge Flynn noted that the 1978 Shoreland Ordinance and the City Zoning Code state that non-conforming uses may continue but" may not be extended, expanded, [or] intensified...". See ~ttachment "A". 1.5 City Code Section 1016 (Shoreland Zoning, 1978 and 1994) states that the normal setback for a , new building or deck is 75 feet from the shoreline. The Kadrie original non-conforming house was set back 37 feet from the shoreline. The Kadrie kitchen expansion (without the deck extension) was originally set back 26 feet 6 inches. 1.6 Mr. Kadrie in 1997 received Minnesota Department of Natural Resources (MnDNR) approval to place "two courses oflarge boulders along 90' of shoreline and backfill with rock and gravel" for erosion protection. To accomplish this shoreline protection, Mr. Kadrie placed gravel and soil, a berm composed of boulders of24" in diameter, and trees, shrubs, and new grass seed based on plans prepared by the Ramsey County Soil and Water Conservation Service. The MnDNR permit provisions state that the permittee (Mr. Kadrie) is "...not released from any rules, regulations, requirements, or standards..." of the City. The plan illustrates that the repair has added 6 horizontal feet to the shoreline. 1.7 Mr. Kadrie also points to changing conditions at two nearby properties. A. In 1977 the Sellars house at 1199 Josephine Road received a variance that allowed the owner to construct a house addition with a lake setback of 22 feet, provided the owner remove an existing summer house with a lake setback of 18 feet. (In essence, the setback intrusion was moved four feet further away from the shoreline. B. In 1977, the Schoenleber House at 1225 Josephine Road received a building permit to cover and extend an existing concrete patio (less than 36 inch above grade) with a new wood surface. No variance was necessary because this proposal was not considered a deck, but rather an at grade patio, allowed under state law and city ordinance within the lake setback area, and which can be approved administratively. 1.8 City Code Section 1016.22B states that additions or expansions to non-conforming structures must meet the setback, height, and other requirements of the Code, except when authorized by a variance. Hence, Mr. Kadrie has requested the current variance to retain a three (3) foot wide maintenance deck/walkway. 1.9 City Code Section 1016.22C states that deck expansions on non-conforming structures may be allowed if: the house was built prior to March 27,1974; no reasonable alternative deck location could be found; and, the proposed deck extension would not exceed 15% of the existing structure setback from the lake or be no closer than 30 feet, whichever is the greater setback. RCA (I02599).docPage 2 of6