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c. Planning File 3304: Overbye request for a 20 foot Variance from Section 703.04B1a for property at 2916 West Owasso Boulevard. Chair Rhody opened the hearing and requested Thomas Paschke to provide a verbal summary of the staff report dated June 12, 2001. John Overbye is requesting a 20-foot variance from Section 703.04B1 a of the City Code to allow a driveway apron in the public right-of-way to be increased from the required 26-foot maximum width to a width of 46 feet. The proposed reduction of this setback will enable Mr. Overbye to retain his driveway in approximately its current location. There is need to get around the garage to the house. The three findings recommended by the staff included: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Mr. Zaun currently has a 32-foot wide apron that provides access to the detached garage (directly adjacent to West Owasso Boulevard) and driveway that extends towards the home which provides access and parking. Requiring an apron modification consistent with the City Code (26 feet in width) would prevenUcritically limit access to the home and off-street parking. 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. Zaun to apply for a variance if he wants the existing (or similar) driveway apron width to remain. Mr. Zaun'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 six-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. Staff recommended approval. Chair Rhody closed the hearing since Mr. Overbye had no additional information. He accepted the staff report. Motion: Member Rhody moved, second by Member Wilke, to recommend approval of the request by John Overbye for a 20 foot variance to Section 703.04B1 a 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. Ayes: Rhody, Wilke, Olson, Traynor, Cunningham, Duncan Nays: None Motion carried 6-0. d. Planning File 3306: Marchek request for an 18 foot Variance from section 703.04B4 for property at 2995 West Owasso Boulevard. Chair Rhody opened the hearing and requested Thomas Paschke to provide a verbal summary of the staff report dated June 12, 2001. Steven Marchek is requesting an 18-foot variance from Section 703.04B4 of the City Code to allow a driveway apron (in the public right-of-way) to be within the required setback from a street corner property line. Mr. Marchek's current driveway is located 12 feet from the property line adjacent to Brenner Avenue and the Code requires a setback of 30 feet. This approval would allow Mr. Marchek to retain the driveway in its current location. Mrs. Marchek stated she supported the staff report. The three findings recommended by the staff included: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Mr. Zaun currently has a 32-foot wide apron that provides access to the detached garage (directly adjacent to West Owasso Boulevard) and driveway that extends towards the home which provides access and parking. Requiring an apron modification consistent with the City Code (26 feet in width) would prevenUcritically limit access to the home and off-street parking. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: