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'- ., WHEREAS, Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of75 feet from the ordinary high watermark (OHW); and WHEREAS, the Department of Natural Resources has reviewed the proposal and has indicated support for the garage addition and concluded that the existing home given the circumstances and warrants the approval of the proposed a variances; and WHEREAS, the Roseville Planning Commission, on January 10,2001, conducted a public hearing regarding the Vesterholt request and made the following findings: 1. Mr. Property owner did not create the hardship. The lot division occurred and the structure was constructed and improved many years before the current property owner purchased the property. City records indicate the existing structure was constructed in 1957 with municipal sewer and water being installed in 1964. The Roseville City Code was adopted in 1959 and the Shoreland Ordinance adopted in 1974. 2. Like many homes built prior to the Shoreland Ordinance being adopted, the 699 Heinel Circle structure does not comply with the established 75-foot setback from the Ordinary High Watennark. Requiring a setback of75 feet from the OHW would be unworkable and require removal of existing living area. 3. The new construction (garage addition) provide added livability, accessibility and space for maneuvering vehicles, and the provision of accessible storage for Ms. Vesterholt who has a disability, 4. The addition, though within the required ten-foot side yard setback, is consistent at five feet with the other lots within the cul-de-sac and neighborhood. 5. City records indicate that the right-of-way for Heinel Circle was dedicated with the original Oak Point plat in 1949, but do not indicate why the existing home infringes 15 feet within the required front yard setback. With the additional eight foot requested encroachment into the required setback the proposed garage will set within seven feet of the street right-of- way line. The distance from the proposed addition to the street curb will be approximately 37 feet and will be visually consistent with 695 Heinel Circle. Within this 37 feet a vehicle can be completely parked off of the street pavement. There appears to be no adverse impacts to the surrounding properties. 6. The curb line of the cul-de-sac is situated approximately 30 feet from the property line, thus allowing ample area between the new garage addition and street curb line to park a vehicle, which does not create any significant impacts on the minimally (mostly adjacent residents and mail delivery) traveled Heinel Circle. 7. The impacts of this redevelopment project, if the variances were issued, will not create any significant community impacts on the health, safety, or general welfare. WHEREAS, the Roseville City Council received the Planning Commission's recommendation on Monday, January 22, 2001; and 2