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c. The proposal puts the subject property to use in a reasonable manner. “Reasonable” use 86 of the property would be constrained without a variance because strict compliance with 87 the zoning code would effectively require this boathouse/water oriented accessory 88 structure to be dimensionally smaller, both in width as viewed from the shore and overall 89 size, and would require the new structure to be placed well off the shoreline and nearer 90 the middle of the property versus along the side property line much like most accessory 91 structures in residential areas. Planning Division staff believes that the proposed 92 location, while not achieving full compliance with the required 10 foot shoreline and 20 93 foot side yard setback and the 250 sq. ft. maximum size, provides reasonable use of the 94 property affording the home owners a new boathouse that reduces current impacts and 95 preserves mature trees. 96 d. There are unique circumstances to the property which were not created by the 97 landowner.Planning Division staff finds that a combination of the pre-existing placement 98 of the boathouse by others, trees that have matured on both the subject and the 99 neighboring property, and the subsequent establishment of shoreland requirements, 100 particularly those regarding water-oriented accessory structures, contribute to the unique 101 characteristics that justify the approval of the requested . Further, a case could 102 VARIANCE be made that some of the requirements of Chapter 1017 are outdated and in need of 103 revision. Specifically, items related to setback and dimensional standards limit the ability 104 to develop creative building designs that can reduce visual impact, which seems to be an 105 overarching goal and one that could be better achieved with added flexibility not 106 currently afforded within the Code. 107 e. The variance, if granted, will not alter the essential character of the locality. Although 108 the boathouse/water-oriented accessory structure would not be placed at the required 109 setbacks from side yard and the shoreline, and not meet a couple dimensional standards, 110 the improvement represents a general lake shore improvement enjoyed by many current 111 home owners. Additionally, the proposed structure is not unlike similar improvements to 112 the non-compliant front yard detached garages found on many of the residential 113 properties that surround the developed lakes in Roseville. Boathouses have been in 114 existence for many years and are common features, usually very near property lines and 115 the shoreline. For this reason, the , if approved, would not negatively alter the 116 VARIANCE character of the surrounding residential neighborhood. 117 Section 1009.04 (Variances) of the City Code explains that the purpose of a is “to 118 VARIANCE permit adjustment to the zoning regulations where there are practical difficulties applying to a 119 parcel of land or building that prevent the property from being used to the extent intended by the 120 zoning.” It could be argued that most variance requests could achieve strict compliance with City 121 requirements, however, this proposal appears to compare favorably with all of the above 122 requirements essential for approving variances. Moreover, there is something to be said about 123 good design and appropriate placement of a structure that would otherwise not be allowed. The 124 code-compliant way to build the proposed water-oriented accessory structure seems to be an 125 impractical and unreasonable requirement, placing the structure in an odd or unreasonable 126 location of the property. Planning Division staff believes that such a restriction represents a 127 practical difficulty, which the variance process is intended to relieve. 128 Based on the proposal, a 65 square foot variance is required from §1017.17.C.1.a; a 2-1/2 foot 129 variance is required from §1017.17.C.b; a 6 foot variance is required from §1017.17.C.1.e; and a 130 15 foot variance is required from §1017.17.C.1.f. 131 PF14-028_RVBA_0110514 Page 4 of 5