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Last modified
10/26/2007 12:01:25 PM
Creation date
12/9/2004 7:23:34 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3306
Planning Files - Type
Variance
Address
2995 WEST OWASSO BLVD
Applicant
Steven Marchek
Status
Approved
Date Final City Council Action
6/26/2001
Planning Files - Resolution #
9895
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<br />3.4 "Undue hardship" as used in connection with the granting a variance means the property <br />in question cannot be put to a reasonable use if used under conditions allowed by the <br />official controls, the plight of the land owner is due to circumstances unique to the <br />property not created by the land owner, and the variance, if granted, will not alter the <br />essential character of the locality. Specifically to this request: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: Mr. Marchek's currently has a <br />driveway located 12 feet from the comer street side property line. Requiring the <br />driveway to be relocated to the west an additional 18 feet to be consistent with the <br />Code would create an awkward ingresslegress from West Owasso Boulevard. <br />Further, requiring compliance (30 apron setback) would require unnecessary <br />improvements to the existing driveway to match into the apron. <br /> <br />B. The plight of the land owner is due to circumstances unique to the property not <br />created by the land owner: The City's Pavement Management Program and the <br />reconstruction of West Owasso Boulevard has required Mr. Marchek to apply for <br />a variance ifhe wants the existing driveway apron location to remain. Mr. <br />Marchek's driveway improvements were constructed prior to the City having a <br />minimum distance from the public right-of-way <br /> <br />C. The variance, ifgranted, will not alter the essential character of the locality: <br />The proposed 18 foot variance to the required apron setback from a street right- <br />of-way (comer lot property line) will not alter the essential character or the <br />locality, nor adversely affect the public health, safety, or general welfare, of the <br />city or adjacent properties. <br /> <br />4.0 STAFF RECOMMENDATION <br /> <br />4.1 Based on the findings outlined in Section 3 staff recommends approval of the request for <br />a 18-foot variance from Section 703.04B4 of the City Code, to reduce the required apron <br />setback from a property line on a comer lot from 30 feet to 12 feet for property located at <br />2995 West Owasso Boulevard. <br /> <br />5.0 SUGGESTED PLANNING COMMISSION ACTION <br /> <br />By motion, recommend approval (approval with conditions or deny) the request by <br />Steven Marchek for a 18 foot variance to Section 703.04B4 of the Roseville City Code to <br />decrease the required driveway access point from a comer lot property line from 30 feet <br />to 12 feet for property located at 2995 West Owasso Boulevard, based on the findings in <br />Section 3 ofthe project report dated June 12,2001. <br /> <br />Prepared by: Thomas Paschke (490-2236) <br /> <br />Attachments: Property location map; site photo; site plan. <br />60-day Time Limit: Not Applicable - City Initiated Request. <br /> <br />PF3306 RPCA (061201) Page 2 of2 <br />
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