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.' - , MEMORANDUM On May 13, 1994, the defendant, Charles Kadrie was cited with two misdemeanor violation~ contrary to the Roseville Zoning Code. Specifically he is charged with a set-back violation allegedly contrary to section 18.100 (2) (c) of the Shore Land Management Ordinance and a substandard use violation allegedly contrary to section 18.250 of-the Shore Land Management ~rdinance. The parties essentially agree to the facts which gave rise to these two citations. The defendant owns a home located at 1281 Josephine Road, Roseville, Minnesota. This home was built in 1967 and was constructed with two decks, one at grade level and one on the first floor level. The residence is located thirty-seven (37) feet from the shoreline and the at grade deck is located fifteen (15) feet from the shoreline. In 1988, the defendant received a shoreline permit to locate an addition between the house and the then free standing garage. This addition did not bring the structure closer to the shoreline but it was closer then seventy- five (75) feet from th~ shoreline and as such is in violation of the Shore Land Management Ordinance. Section 18.100 (2)(c) requires that all structures be setback from the normal high water line by a distance of seventy-five (75) feet. However, this ordinance did not apply to the defendant at that time since his property qualifies as a substandard use as defined in ~ection , 18.250 of the ordinance. This property is a substandard use because it was already located too close to the high water mark at the time the ordinance was passed. Therefore, a variance was not 3