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3.5 Section 1013.02 ofthe City Code requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. Mr. Kadrie has described the physical hardship as the inability to exit the main kitchen space or maintain the 14 to 16 high glass wall without a 3 foot maintenance walk. 3.6 Because the requested structure already occupies the site, the proposed variance, if granted, will not further adversely affect the public health, safety, or general welfare, provided standards/conditions. 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 3D-foot setback for a pre-existing deck, when we measure from the repaired shoreline. Mr. Kadrei 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 ofthe request for a variance from Section 1016.22C of the City Code to reduce the deck setback from the originallakeshore 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 shorelline; 30'0" is the minimum allowed deck extension without a variance. 5.0 SUGGESTED PLANNING COMMISSION ACTION By motion recommend approval ofMr. Kadrie's request 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, 29'6" from the repaired shore, with a maximum 3'0" maintenance deck attached to the north kitchen wall of the existing structure for the property located at 1281 Lake Josephine Road, based on the findings in Section 3 ofthis report. Attachments: Location Map, Sketch of site, Elevation illustrating deck, Signed letter of support, 1996 Court Findings, MnDNR Letter of 8/31/99, Application background Planning File #3140 (Charles Kadrie) 10.13.99 Page 5 of 6