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2.4 Section 1016.22A1 (Non-Conformities) stipulates that non-conformities can continue but are subject to applicable State Statutes and City Ordinance regarding alterations, repair after damage, discontinuance of use, and intensification of use. The Vesterholt house has been determined to be a pre-existing non-conforming structure that was constructed prior to the City adopting Shoreland, Wetland, and Storm Water Management regulations. The specific non-conformity is the distance the principal structure is setback (56 feet) from the Ordinary High Watermark A variance is necessary to bring the house into conformity with the City Code, which requires a 75-foot setback from the OHW. 2.5 Section 1016.16 (Structure Design Standards) requires structures to be set back a minimum of 75 feet from the ordinary high watermark (OAW). The northwest corner of the Vesterholt house is set back 56 feet from the OHW. The Minnesota Department of Natural Resources has commented that although the proposed garage addition does not increase or affect the current non-conforming setback, it is in the best interest of the properiy to seek a principal structure setback variance from Section 1016.16 of the Roseville City Code. The variance would be for a 19-foot setback deviation and if granted, would eliminate the non- conformity and potentially the need to receive additional Council approval for future improvements. 2.6 Chart to review required variances: Code Re uirement Existin Condition Pro osed Condition Variance Condition Lot Width at Shoreline 100 feet 160 feet Same NA Lot Area 15,000 s. ft. 19,134 s. ft. Same NA Im ervious Covera e 25% (4,784 s. ft.) 21% (4,095 s. ft.) 22% (4,275 s. ft.) NA Shoreland Setback 75 feet 56 feet Same 19 feet Front Yard Setback 30 feet 15 feet 7 feet 23 feet Side Yard Setback 10 feet 5 feet 5 feet 5 feet Vehicle Parked in ROW 3.0 STAFF COMMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance sha11 only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.2 "Undue hardship" as used in connection with the granting a variance means the properiy in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. 3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. PF3280 — RCA (012201) Page 2 of 5