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<br />REQUEST FOR PLANNING COMMISSION ACTION <br /> <br />oval: Manager Approved: Agenda Section: <br />PUBLIC HEARINGS <br /> <br />Item Description: Charles Kadrie, 1281 Josephine Road, Shoreland Variance Request <br />(P .F.3140). <br /> <br /> <br />DATE: 10/13/99 <br />ITEM NO: <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 created <br />by filling of shoreline for erosion protection. Mr. Kadrie has modified the request <br />to eliminate the request for a deck extension and instead requests a three 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 <br />Council to consider an appeal on a previously denied variance from a Lake <br />Josephine shore land setback case (PF2614 - October 1993). Mr. Kadrie explained <br />that conditions have changed since 1993 and provided a signed list of <br />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 <br />that he start with the required Planning Commission variance hearing. Mr. <br />Kadrie's request has now been modified to request a three-foot wide maintenance <br />walkway in lieu of the extended deck. Life safety stairways from the existing <br />deck are permitted uses. <br /> <br />1.2 In October of 1993 the City Council approved one variance to allow Mr. Kadrie to <br />alter and expand the existing house and deck to within 26 feet 6 inches of the <br />normal high water line. At the same time, the Council determined that any <br />extension of the deck closer to Lake Josephine than 26 feet 6 inches would <br />constitute a shoreland setback encroachment and must be removed. (Mr. Kadrie <br />contended that the at-grade wood patio which extended to within 15 feet (vs. 26'- <br />6") of the shoreline should be the maximum extension of the upstairs, first floor <br />deck. ) <br /> <br />1.3 <br /> <br />In late 1993, a city criminal citation was issued to Mr. Kadrie stating the deck <br />extension beyond the kitchen was a violation of the shoreland setback <br />requirements and had been previously denied by the City Council. Ramsey <br />County District Court Judge Joanne Smith determined that the City had not <br />proven the violation beyond a reasonable doubt, and entered findings of not <br />guilty. <br /> <br />-~. <br /> <br />Planning File #3140 (Charles Kadrie) 10.13.99 Page 1 of 6 <br /> <br />( <br />