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3404266 WHEREAS, the Roseville City Council received the Planning Commission's recommendation on Monday, September 25, 2000; and WHEREAS, the Roseville City Council made the following findings: 1 Section 10116.22A1 (Non-Conformities) stipulates that non-conformities can continue but are subject to applicable State Statutes and City Ordinance regarding alterations, repair after damage, discontinuance of use, and intensification of use. 2 Section 1016.26B1 (Storm Water Management) requires all single-family lots within the Shoreland Management District to have no more that 25% impervious site coverage. 3 Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of 75 feet from the ordinary high watermark (OHW). 4 Section 1004. 02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-1 Districts) requires a front yard setback of 30 feet. 5 The property located at 2985 Lexington Avenue is an odd shaped parcel, has topographical challenges such as steep slopes, mature trees and has no reasonable alternative without impacting similar setback requirements. The parcel slopes up from the water's edge south towards Josephine Road, rising 12 to 14 feet to the south property line. 6 Due to the tuck under garage, the site has additional pavement to facilitate the proper movement of vehicles from the garage to Lexington Avenue. 7 The proposal to locate the detached garage four feet north of the existing driveway has been approved by the DNR. More specifically, the DNR has concluded that hardship(s) exist on the parcel, limiting Mr. Mickelson's options, and hence, the DNR supports the four variances being requested. 8 A variance requires the applicant to prove physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. 9 The unique parcel configuration is classified as a pre-existing, non-conformity within the Shoreland Ordinance and the location of the property adjacent to Lexington Avenue(a County Road) and Josephine Park, adversely impacts development and/or redevelopment opportunities for the Mickelson's 10 The hardship is not the applicant's creation. 11 The property cannot be put to a reasonable use if used under the conditions permitted by the ordinance. 12 If granted, the variance will not impact the health, safety, or general welfare of the community. Ij :;