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4.0 REVIEW of REQUEST: 4.1 The applicants have submitted a request seeking a variance to Section 1016.6A (Structure Design Setback) from the Roseville City Code to allow construction of a home on the vacant parcel along North Gluek Lane. 4.2 The applicant's parcel is designated Low Density Residential in the Comprehensive Plan and it is located in the R-1, Single Family Residence Zoning District. 4.3 The existing parcel has been determined to have a Type 2 (PEM1Bd) wetland on the western 1/3 to 1/2 of the parcel. Section 10 16.16A requires a 50 foot setback from any wetland, no matter what type or grade. 4.4 The applicants have been working with the Rice Creek Watershed to fill a small portion of the wetland consistent with MN Rule, Chapter 8420.0122, subd. 9A (3)), which will slightly increase the developable area of the parcel, but more importantly create a highly improved and more aesthetically pleasing wetland. 5.0 STAFF COMMENTS/FINDINGS: 5.1 The original plat for this area, Midway Acres was created in the mid 1950's and included 27 initial lots. However, over the years four of the original lots have been divided. This includes the Brucciani-Horvath parcel, which was originally part of Lot 1, Block 2, Midway Acres. City records conclude that the Brucciani parcel was created in August 1987, years before the 1991 Wetland Conservation Act was created. 5.2 The City Planner notified the Department of Natural Resources (DNR) of the subject request seeking comments. However, this is not a DNR iurisdictional wetland. so therefore they do not provide comments on proposals to fill or develop adjacent such a wetland. The authority to regulate lies with the City (Section 1016) and with the City's LGU (Rice Creek Watershed). 5.3 Section 10 l6.16A requires a minimum setback from a wetland of 50 feet. However, the section of the City Code also requires only a minimum setback of 10 feet from a storm water management pond. 5.4 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the city council shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. PF3431 - ReA 102102 - Page 2 of 5