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<br />. <br /> <br />3. Whereas, the granting of the variance will not significantly impact the health, safety <br />or general welfare of the community. <br /> <br />WHEREAS, the Roseville City Council received the Planning Commission's <br />recommendation on Monday, October 23,2000; and <br /> <br />WHEREAS, the Roseville City Council stipulates that City Code Section 1004.02D5 <br />(Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements <br />in R-l Districts) requires a front yard setback of30 feet and a side yard setback of5 feet, and <br />further, that Section 1016, requires a 75 foot setback from the lake and a lot width at the <br />shoreline of 100 feet, and further, that a variance requires the applicant to prove physical <br />hardship and to demonstrate that no practical alternatives exist that would reduce the need for a <br />variance, and <br /> <br />WHEREAS, the Roseville City Council made the following findings: <br /> <br />1 Section 10116.22A1 (Non-Conformities) stipulates that non-conformities can <br />continue but are subject to applicable State Statutes and City Ordinance regarding <br />alterations, repair after damage, discontinuance of use, and intensification of use. <br /> <br />2 The property located at 382 North McCarrons Boulevard is an odd shaped parcel, <br />has steep slopes to the northeast and east, is restricted due to a city sewer line and 20 <br />foot wide easement along the east side of the lot, and has no reasonable alternative. <br />The former four-season porch and its current concrete slab foundation are pre- <br />existing, non-conforming structures. <br /> <br />3 The Sladky request was forwarded to the Department of Natural Resources (DNR) for <br />review and comment, which the DNR suggested that the Sladky four-season porch <br />should be reduced. The DNR indicated it would not oppose the replacement in the <br />exact location on the existing slab. <br /> <br />4 The unique parcel configuration is classified as a pre-existing, non-conformity within <br />the Shoreland Ordinance. <br /> <br />5 The Assistant City Engineer has recommended the Sladkys, through a separate <br />request, apply for a small easement vacation on the western property line (J to 2 feet) <br />to reduce any possible future problems with title to the property <br /> <br />6. A strict application of the City Code would work an unusual hardship on the <br />applicant. <br /> <br />7. The hardship is not the applicant's creation. <br /> <br />3 <br />