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WHEREAS, the northwest corner of the Vesterholt house is set back 56 feet from the OHW. The Minnesota Department of Natural Resources has commented that although the proposed garage addition does not increase or affect the current non-conforming setback, it is in the best interest of the property to seek a principal structure setback variance from Section 1016.16 of the Roseville City Code. The variance would be for a 19-foot setback deviation and if granted, would eliminate the non-conformity and potentially the need to receive additional Council approval for future improvements; 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, warrants a variances; and WHEREAS, the Roseville Planning Commission, on January 10,2001, conducted a public hearing regarding the Witt request and made the following findings: a. Mr. Vesterholt did not create the hardship, The lot division occurred and the structure was constructed and improved many years before the Vesterholt's 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. b. Like many home build prior to the Shoreland Ordinance being adopted, the Vesterholt structure does not comply with the established 75-foot setback from the Ordinary High Watermark. Requiring a setback of 75 feet from the OHW would be unworkable and require removal of existing living area. (, The new construction (garage addition) can be justified as added livability, accessibility and by providing necessary space for maneuvering vehicles and provision of accessible storage for Ms, Vesterholt who has a disability. d 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. However, according to City records, the Vesterholt lot and the adjacent property at 705 Heinel Circle are considered ten-foot side yard setback parcels. e. 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 propertles. 2