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2001_0626_packet
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Roseville City Council
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demonstrate that no practical alternatives e�st that would reduce the need for a variance. <br />3.3 Variances may be granted where the strict enforcement of the literal provisions of the <br />ordinance would cause "undue hardship". The granting of a variance shall only occur <br />when it can be demonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <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 />A. The property in question cannot be put to a reasonable use if� used under <br />conditions allowed by the official controls: Mr. Olson's apron is appro�mately <br />45 feet in width and provides access to the detached garage (adjacent to West <br />Owasso Boulevard) and the existing driveway towards the home. Requiring an <br />apron modification consistent with the City Code (26 feet in width) would <br />eliminate the access to the home. The driveway to the garage has a positive grade <br />and the driveway into the lot has a very steep negative grade. A two-foot tall wall <br />separates the two driveways. <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. Olson to apply for a <br />variance if he wants the e�sting (or similar) driveway apron width to remain. <br />Mr. Olson's driveway improvements were constructed prior to the City having a <br />maximum apron width requirement for the public right-of-way and the driveway <br />setback requirement. <br />C. The variance, ifgranted, will not alter the essential character of the locality: <br />The proposed 19 foot variance to the required apron width in a public right-of- <br />way and the five foot variance to the driveway setback will not alter the essential <br />character or the locality, nor adversely affect the public health, safety, or general <br />welfare, of the city or adjacent properties. <br />4.0 STAFF RECOMMENDATION <br />4.1 Based on the findings outlined in Section 3 staff recommends approval of the request for <br />a variance from Section 703.04B la and Section 703.04B9 of the City Code, to increase <br />the required drive apron width in a public right-of-way from 26 feet to 45 feet and allow <br />the existing driveway to encroach five feet into the required five foot setback, for <br />property located at 3 188 West Owasso Boulevard. <br />PF3309 RCA (062601) Page 2 of 3 <br />
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