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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. Jackel's apron is approximately 62 feet in width and provides access to the detached garage (adjacent to West Owasso Boulevard), an existing driveway towards the home, and paved parking spaces. Requiring an apron modification consistent with the City Code (26 feet in width) would prevent access to the home and critically limit the ability to use the existing parking spaces. 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. Jackel to apply for a variance ifhe wants the existing (or similar) driveway apron width to remain. Mr. Jackel's driveway improvements were constructed prior to the City having a maximum apron width requirement for the public right-of-way. C. The variance, ifgranted, will not alter the essential character of the locality: The proposed 36 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 62 feet for property located at 3170 West Owasso Boulevard. 5.0 SUGGESTED PLANNING COMMISSION ACTION By motion, recommend approval (approval with conditions or deny) the request by John Jackel for a 36 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 62 feet for property located at 3170 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. PF3307 RPCA (061201) Page 2 of2