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3.4 Variances may be granted where the strict enforcement ofthe literal provisions ofthe ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.5 "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. Grotenhuis's apron is currently approximately 49 feet in width and provides access to the attached garage (adjacent to West Owasso Boulevard) and a portion ofthe parcel. The City staff has detennined that the property cannot be put to a reasonable use under the official controls. The additional apron width (at an angle to Owasso Boulevard) would allow better access given the grade challenges one into the parcel. 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 assisted in creating a situation undesirable to Mr. Grotenhuis. Driveway improvements were constructed prior to the City having a maximum apron width requirement for the public right-of- way. The added width is due to grade (elevation) change that occur on the property . C. The variance, if granted, will not alter the essential character of the locality: The proposed 17 foot variance to the required apron width in a public right-of- way will not specifically 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 703.04B1a of the City Code, to increase the required drive apron width in a public right-of-way from 26 feet to 43 feet for property located at 3175 West Owasso Boulevard. PF3323 RCA (072301) Page 2 of3