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—,, �- under the terms of the ordinance ... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect. " 5.5 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The non-conforming conditions that would be addressed by the requested VARIANCES stem from what appears to be a discrepancy between the recorded survey and the survey produced for the original building permit application. If the requirements of the City Code were strictly enforced in this case, the applicants would be burdened by the undue hardship of having to remove more than 7 feet from their garage, which the applicants and City staff believe to have been constructed in compliance with the City Code. The Planning Division has determined that the property can be put to a reasonable use under the official controls if the VARIANCE request is approved. 5.6 The plight of the landowner is due to circumstances unique to the property not created bv the landowner: The apparent discrepancies in the surveys are the basis for the existing nonconformities, and the erroneous information is not the fault of the property owner. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.7 The variance, if �ranted, will not alter the essential character of the locality: The proposed changes will improve the conditions on and around the property, so there will be no adverse impacts. The Planning Division has determined that the allowance of the requested VARIANCES will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare. 6.0 STAFF RECOMMENDATION 6.1 Based on the comments and findings outlined in Sections 4 and 5 of this report, the Planning Division recommends APPROVAL of the Kurtzes' request for VARIANCES to the required principal structure and driveway setbacks from a side property line, established in § 1004.016 (Residential Setbacks) of the City Code to bring into compliance existing nonconformities at 3015 South Owasso Boulevard, subject to the following conditions: a. Pavement serving the garage must achieve a separation of at least 2.8 feet from the southern property line prior to January 1, 2008; b. The width of the driveway at the front property line must be limited to 26 feet, pursuant to §703.04B (Driveway Standards) of the City Code; c. Because §602.04 (Parking on Boulevard Prohibited) of the City Code prohibits the creation of a parking space on the part of a driveway that lies within a street right-of-way, the un-permitted concrete parking space that has been recently paved in the South Owasso Boulevard right-of-way must removed prior to January 1, 2008; d. The variance shall expire 6 months from the approval date if an appropriate driveway permit is not issued, pursuant to § 1013.03 of the City Code. PF07-059 RVBA 110707 Page 3 of 4