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2.4 Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of 75 feet from the ordinary high watermark (OHW). The northwest comer 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. 2.5 Chart to review required variances: Code Requirement Existing Condition Proposed Condition Variance Condition Lot Width at Shoreline 100 feet 160 feet Same NA Lot Area 15,000 sq. ft. 19,134 sq. ft, Same NA Impervious Coverage 25% (4,784 sq. ft,) 21% (4,095 sq, ft,) 22% (4,275 sq, ft.) NA Shoreland Setback 75 feet 56 feet Same 19 feet Front Yard Setback 30 feet 15 feet 7 feet 23 feet Side Yard Setback 10 feet 5 feet 5 feet 5 feet Vehicle Parked in ROW 3.0 STAFF COMMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.2 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. 3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. 3.4 The structure at 699 Heinel Circle is a rambler that was constructed in 1957. The house has a full basement walkout and is comprised of approximately 1,958 square feet of main floor living area. The attached garage is located on the northeast side of the principal structure. A patio, deck and hot tub lie to the north west of the garage and are terraced towards the lake. The parcel if relatively flat from the street curb to the house, then slopes approximately 10 feet from the southwest comer of the house to the lakeshore. The parcel is 160 feet wide at the lakeshore and 140 feet at the street right-of-way. PF3280 - RPCA (011001) Page 2 of 4