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3.5 The Vesterholt request was forwarded to the Department of Natural Resources (DNR) for review and comment. The DNR has indicated support for the variance for the garage addition and for the pre-existing non-conforming principal structure setback. Their letter to the City regarding the proposal is attached and requests that trees be planted between Lake Owasso and the home to further screen the structure view from the lake. 4.0 POLICY & FISCAL IMPLICATION 4.1 The Comprehensive Plan and the Roseville Housing Improvement Plan encourage maintaining and improving residential properties and infrastructure, as well as reconstruction and rebuilding of residential structures (and neighborhoods) throughout the community. 4.2 There are no additional fiscal implications. 5.0 STAFF DETERMINED FINDINGS 5.1 Staff has reviewed the merits of the four variances necessary to allow Mr. Vesterholt to proceed with his proposed garage addition plans. Staff offers 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 of75 feet from the OHW would be unworkable and require removal of existing living area. c. 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 properties. PF3280 - RPCA (011001) Page 3 of 4