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WHEREAS, the proposal by Mr. Badzinski meets the first two criteria listed under Section 1016.22C3, the proposal is unable to meet the requirements of the third; specifically, a 15% encroachment would only allow a legal encroachment of 5-1/2 feet further into the bluff impact zone; and WHEREAS, The Roseville Planning Commission held the public hearing regarding the Badzinski request on December 3,2003, recommending (6-1) approval of a 18 foot VARIANCE to Section 10 16.22C3 of the Roseville City Code, based on the findings of Section 5 and conditions of Section 6 of the project report dated December 3, 2003; NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to APPROVE an 18 foot VARIANCE to Section 1016.22C3 of the Roseville City Code for Jim Badzinski, 381 South Owasso Boulevard, subject to the following conditions; a. The deck being a maximum size of 12 feet by 16 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 permitted. f. Shrubs and perennials must be planted between the bluff and the deck to screen the deck and provide a visual enhancement. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kough and upon vote being taken thereon, the following voted in favor: Kough, Maschka, Klausing, Schroeder, Kysylyczyn and the following voted against: None WHEREUPON said resolution was declared duly passed and adopted. 2