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the case may be may compliance and to protect". 5.13 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The original plat, Garcelons Addition to Saint Paul, was recorded in 1888, creating numerous lot 50 feet in width and 126 feet in depth. In 1987 a lot combination was approved that added the north 28 feet of Lot 10, Block 2 to Lot 9, Block 2, creating the 78 foot wide parcel on which Mr. Brown desires to construct a single family home. The City Planner has reviewed the vacant parcel and concluded that strict enforcement of the City Code would render the legal lot of record unbuildable, which is unreasonable. The Staff has determined that the property can be put to a reasonable use under the official controls if V ARIANCES to Section 1004 and 1016 are granted. 5.14 The plight of the landowner is due to circumstances unique to the property not created by the landowner: Though in many instances existing vacant property is not necessarily considered unique, especially when it comes to development, this property is unique. The land was originally subdivided in 1888 into lots of 50 foot width and 126 foot depth, which subdivision occurred 71 years before Roseville had regulations governing development (1959 Zoning Ordinance). Records (complete staff analysis and Code interporetations) are unclear, but a lot combination did occur in 1987 creating a parcel 78 feet wide and 126 feet deep. A review of the City Code has concluded that the original shoreland regulations were adopted in 1974 and amended in 1994 (current regulations). Analysis of the Code and lot width would lead one to believe that the combination occurred to meet the requirements of Section 1016.24 (prefaced above), creating a parcel that met a minimum of 70% of the required 100 foot a shoreland lot width. The age of the lots created as Garcelons Addition never contemplated the building setback restrictions currently enforced by the City and if strictly enforced, these setbacks would render the parcel unbuildable. The Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. 5.15 The variance, if granted, will not alter the essential character of the locality: This small "neighborhood" of Roseville (7 residential structures contained on Lake Street) includes a number homes developed with set back deviations. Specifically, the lot directly adjacent to the south currently has a 21 foot structure setback from the front property line. Other lots/parcels appear to have varying side yard distances not consistent with the 5 foot or 10 foot Code requirement. The property in the northeast corner of Lake Street and Roselawn Avenue is addressed off of Roselawn Avenue, but has virtually no rear yard. Although the Brown proposal creates an additional encroachment into both of the side yards (3 feet south and 5 feet north) these encroachments have been supported by both the City Council and Development Review Committee under similar circumstances. PF3624_RVBA_030205.doc- Page 6 of8