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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 ifused 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. Marchek's currently has a driveway located 12 feet from the comer street side property line. Requiring the driveway to be relocated to the west an additional 18 feet to be consistent with the Code would create an awkward ingresslegress from West Owasso Boulevard. Further, requiring compliance (30 apron setback) would require unnecessary improvements to the existing driveway to match into the apron. 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. Marchek to apply for a variance ifhe wants the existing driveway apron location to remain. Mr. Marchek's driveway improvements were constructed prior to the City having a minimum distance from the public right-of-way C. The variance, ifgranted, will not alter the essential character of the locality: The proposed 18 foot variance to the required apron setback from a street right-of-way (comer lot property line) 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 18-foot variance from Section 703.04B4 ofthe City Code, to reduce the required apron setback from a property line on a comer lot from 30 feet to 12 feet for property located at 2995 West Owasso Boulevard. 5.0 PLANNING COMMISSION ACTION 5.1 At their meeting of June 12, 2001, the Planning Commission held the public hearing regarding the Marchek variance request. No citizens addressed the Commission regarding the Marchek request. The Commission having no specific questions of staff or the property owner, recommended (6-0) approval of the request by Mr. Marchek, based on the findings in section 3 ofthe project report dated June 12, 2001 6.0 SUGGESTED CITY COUNCIL ACTION Adopt a resolution to approve (approve wlmodifications or deny) the request by Steven Marchek, for an 18 foot variance to Section 703.04B4 of the Roseville City Code to decrease the required driveway access point from a comer lot property line from 30 feet to 12 feet for property located at 2995 West Owasso Boulevard, based on the findings in Section 3 of the project report dated June 26, 2001. Prepared by: Thomas Paschke (490-2236) Attachments: Property location map; site photo; site plan. 60-day Time Limit: Not Applicable - City Initiated Request. PF3306 RCA (062601) Page 2 of2