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5.8 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Badzinski home was constructed in 1939 and currently lies 36 feet from the estimated ordinary high watermark. The deck was attached to the home many years ago (no official record) and has lived out it useful life. The deck was also constructed prior to the adoption of specific rules and regulation governing lakeshore property. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. 5.9 The variance, if granted, will not alter the essential character of the locality: This section of Lake Owasso is comprised of lake shore lots that were created and developed decades ago; narrow, deep parcels, with principal structures that have been built close to the bluff, in the bluff, and/or near the shoreline. A reduced deck size (12 feet by 12 feet) with a minimum setback of 10 feet would minimize potential impacts to the bluff. The Community Development Staff has determined that: allowance to construct in the bluff impact zone; a 39 foot variance; a 18 foot variance, if granted, would not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 6.0 STAFF RECOMMENDATION: 6.1 Based on the information provided and the findings in Section 5 of this project report, the Community Development Staff recommends approval of a 39 foot VARIANCE to Section 1016.16A, a VARIANCE to Section 1016.16. Bl and an 18 foot VARIANCE to Section 1016.22C3 of the Roseville City Code for Jim Badzinski, 381 South Owasso Boulevard, allowing the construction of a deck on the rear of the home, subj ect to the following conditions: a. The deck being a maximum size of 12 feet by 12 feet. b. The property owner locating and identifying in the field the top of bluff on the parcel for use by the City in determining the required setback. c. The deck having a minimum setback of 12 feet from the top of bluff. d. The deck having a minimum setback of 36 feet from the ordinary high watermark. e. The deck must remain an open-air deck - in the future no enclosure of this deck as a screen porch or expanded living area to the principal structure will be pernlitted. f. Shrubs and perennials must be planted between the bluff and the deck to screen the deck and provide a visual enhancement. PF3540 - ReA 121503 - Page 5 of6