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City of Roseville Planning Commission Minutes July 12, 1995 Member Rhody asked what the definition of a hardship was. City Planner Falk said that hardship is defined in state statutes as being some unusual condition not created by the applicant; such as, lot shape, topography, etc. and would not include economic hardship. Member Sandstrom asked if this request was considered under the new or the old Shoreline Management regulations, and whether or not the Department of Natural Resources had been notified. City Planner Falk indicated that it comes under the new ordinance, and that DNR has been notified. Dan Oren, 2719 43rd Avenue South, #2B, formerly of367 South Owasso Boulevard, stated that there was no bait and switch in this case and that he carefully presented and communicated his plans to city staff. Mr. Oren pointed out the substandard nature of the previous dwelling including faulty wiring, leaky windows, and no interior connection to the basement. Mr. Oren stated his hardship was the time and design with an architect and the difficulties of a narrow, tight lot. Mr. Oren added that they worked carefully with such site considerations as sun angles, tree locations, and neighbor's window locations to come up with the present design. Jim Hale, representative and son of Mrs. Cederholm (the adjacent neighbor at 365 Owasso Boulevard South) stated that they did not object to the original remodeling, but now object to the new plan. Mr. Hale stated that Roseville should stand by its ordinances and deny the variance. David Johnson, attorney representing Brad Oren, 375 South Owasso Boulevard, stated that his client objects to the variance because no hardship exists. Mr. Johnson stated that the mistake by city staff does not constitute hardship, and that Dan Oren could build a structure and meet the 75 foot setback requirement. Mr. Johnson further stated that the proposed two-story structure, 37 feet from the lake, is not consistent with other structures in the area which are set back 75 feet. Mr. Johnson concluded his comments by stating that the structure would impact the view and fair market value of his client's site. Brad Oren, 375 South Owasso Boulevard, stated that, while it was difficult to oppose his brother's variance, it is necessary because 99 percent ofthe houses in the area are in line and that the house is now gone so it would be no big deal to build a new house to meet the ordinance requirements. City of Roseville 11