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DRAFT PLANNING COMMISSION RESOLUTION No. 3280 A Resolution Recommending Approval of Variances for Peter Vesterholt for the Construction of a Garage Addition onto to the Existing Home at 699 Heinel Circle. WHEREAS, Peter Vesterholt, property owner of 699 Heinel Circle, has requested variances from Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-l Districts), 1016.16A (Structure Design Standards), 1016.22Al (Non- Conformities) of the Roseville City Code; and WHEREAS, Section 1004,02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-l Districts) requires a front yard setback of 30 feet for the Vesterholt property adjacent to Heinel Circle; and WHEREAS, Mr. Vesterholt wants to eliminate an existing (unsightly) shed and construct an addition onto his existing garage to improve handicapped accessibility for his wife. The existing garage, 19 feet wide by 21 feet deep (399 square feet) lies approximately 15 feet from the front yard (east) property line. The proposal would place the garage approximately 7 feet from the front property line. This front yard setback variance also requires a variance from Section 602 allowing vehicles to be parked within street right-of-way, WHEREAS, Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-l Districts) also requires a side yard setback of 10 feet for the Vesterholt property along the northeast property line; and WHEREAS, Mr, Vesterholt proposes to extend the garage towards the northeastern side yard property line to create an additional stall and enclosed storage area, The design and additional area will offer accessibility to stored items and greater movement around vehicles. However, the proposed addition would encroach five feet into the required 10-foot side yard setback; and WHEREAS, Section 1016.22Al (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 us.e, and intensification of use; and WHEREAS, The Vesterholt house has been determined to be a pre-existing non- conforming structure that was constructed prior to the City adopting Shoreland, Wetland, and Storm Water Management regulations. The specific non-conformity is the distance the principal structure is setback (56 feet) from the Ordinary High Watermark. A variance is necessary to bring the house into conformity with the City Code, which requires a 75-foot setback from the OHW; and WHEREAS, Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of 75 feet from the ordinary high watermark (OHW); and 1