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3.4 "Undue hardship" as used in connection with the granting a variance means the property 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. Specifically to this request: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Mr. Overbye's apron is approximately 46 feet in width, provides access to the attached garage (adjacent to West Owasso Boulevard), and connects to a drive lane that accesses the rear of the garage. Requiring an apron modification consistent with the City Code (26 feet in width) would prevent/critically limit access to the rear ofthe garage and render the existing drive lane useless. The new driveway apron will be placed at the property line. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: The City's Pavement Management Program and the reconstruction of West Owasso Boulevard has required Mr. Overbye to apply for a variance if he wants the existing (or similar) driveway apron width to remain. Mr. Overbye's driveway improvements were constructed prior to the City having a maximum apron width requirement for the public right-of-way. C. The variance, if granted, will not alter the essential character of the locality: The proposed 20 foot variance to the required apron width in a public right-of- way will not alter the essential character or the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 4.0 STAFF RECOMMENDATION 4.1 Based on the findings outlined in Section 3 staff recommends approval of the request for a variance from Section 703.04Bla of the City Code, to increase the required drive apron width in a public right-of-way from 26 feet to 46 feet for property located at 2916 West Owasso Boulevard. 5.0 SUGGESTED PLANNING COMMISSION ACTION By motion, recommend approval (approval with conditions or deny) the request by John Overbye for a 20 foot variance to Section 703.04Bla of the Roseville City Code to allow an increase in the required driveway apron with in a public right-of-way from 26 feet to 46 feet for property located at 2916 West Owasso Boulevard, based on the findings in Section 3 of the project report dated June 12,2001. Prepared by: Thomas Paschke (490-2236) Attachments: Property location map; site photo; site plan. 60-day Time Limit: Not Applicable - City Initiated Request. PF3304 RPCA (06120 I) Page 2 of 2