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3.7 Over the past two years the Planning Commission and/ or City Council have considered similar requests. Though each request is unique and has a different set of circumstances, in the case of 1199 and 1225 Lake Josephine Road, the requests were modified to either set the requested improvement further away from the lakeshore or retain/improve the existing patio surface, respectively. In the Kadrie case, the maintenance deck nearly meets the minimum 30-foot setback for a pre-existing deck, when measured from the repaired shoreline. If the variance were approved, Mr. Kadrie would be required to remove the 6 foot, 4 inches of an existing non- conforming deck 3.8 The Planning Commission and City Council have reiterated the City policy of not approving variances for issues where physical hardship can not be demonstrated. In this case Mr. Kadrie cites the need for access and property maintenance as hardship. 4.0 STAFF RECOMMENDATION: 4.1 Based on the findings outlined in Section 3, staff recommends approval of the request for a variance from Section 1016.22C of the City Code to reduce the deck setback from the original lakeshore from 26 feet, 6 inches, to 23 feet, 6 inches for the property located at 1281 Lake Josephine Road, access and maintenance purposes. When measured from the new repaired shore, the maintenance deck will be 29 feet 6 inches from the shoreline; 30'0" is the minimum allowed deck extension without a variance. The variance should include as a term and condition of approval, the removal of any deck improvement currently existing on the property that encroaches closer to the shoreline than 23 feet 6 inches from the original shoreline (29 feet 6 inches from the repaired shoreline) 5.0 PLANNING COMMISSION ACTION: 5.1 On October 13, 1999, the Roseville Planning Commission held a public hearing regarding Mr. Kadrie's request. At the hearing no adjacent property owners/residents addressed the Commission indicating support or opposition to the request. The Commission did receive two letters opposing the initial request of Mr. Kadrie, and one in support of the request. The Department of Natural Resources (DNR) also provided staff with a letter opposed to the initial variance to complete the deck. Mr. Kadrie provided a petition supporting the variance, signed by 20 individuals. 5.2 The Commission asked staff and Mr. Kadrie what the actual variance would look like in plan view. They also asked whether there was a change in hardship from the initial request. 5.3 The Commission recommended (7-0) approval of the request ofMr. Kadrie for a variance from Section 1016.22C of the City Code to reduce the deck setback from the Lake Josephine lakeshore to 23 feet, 6 inches from the original shoreline (29 feet, 6 inches from the repaired shoreline) with a maximum 3'0" maintenance deck attached to the north kitchen wall of the existing structure for the property located at 1281 LakeJosephine Road, based on the findings in Section 3 of this report. RCA (102599).docPage 5 of 6