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B. The plight of the is to to not created by the landowner: Tschida Owasso Hills Plat No.2, the subdivision that created Maple Lane Court and the residential lots, does indicate generalized house pads, all of which meet the required 30 foot setback. However, when the building permit was issued and the structure constructed, the portion that lies perpendicular to the cul-de-sac was constructed only 24 feet from the front property line, not the required 30 feet. Because the majority of the principal structure's frontage is adjacent to the street, the house may have been aligned with a 30 foot setback from the "straight" street, before the cul-de-sac curve. Nonetheless, the condition is non-conforming which offers no options for the home owner to construct a porch or covered entry without a variance. 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 (structure placement prior to code, drainage, and topographic issues). C. The variance, if granted, wil/ not alter the essential character of the locality: The Frigaard home is a rambler on a street with the majority of homes split level. The improvements proposed, a second story and a covered porch will not be out of character with the surrounding properties, and will enhance the homes livability The Community Development Staff has determined that this variance, if granted, will 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, staff recommends approval of a 7 foot 6 inch VARIANCE to Section 1004.02D5 of the Roseville City Code to allow construction of a 9 foot by 16 foot covered entry porch 349 Maple Lane Court, subject to the following conditions: A. The applicant must locate the lot's property pins and based on that, develop a scaled site plan with dimensions including the existing home and proposed porch, thus allowing the Community Development Department to verify building setbacks. B. The covered entry porch must be set back a minimum of 22 feet 6 inches from the north (front yard) property line C. The review and approval of a building permit must be consistent with the approved plans and variance. The porch addition must match the existing building in color and/or materials. PF3495 - ReA 07/21/03 - Page 4 of 5