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Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the configuration on the Subject Property would be consistent and compatible with the neighborhood. 3. The variance request is not based on economic considerations alone. Options and Motion Language The Planning Commission reviewed this application at their May 3, 2023, meeting. At that time, they recommended approval with conditions of Planning Case 23-008 to decrease the required total side yard setback from 25 feet to 20.33 feet at 1475 Dawn Circle by a 7-0 vote. The following are motion language options for the City Council to consider. Approval with Conditions: Motion to adopt Resolution 2023-028, approving Planning Case 23-008 for a Variance at 1475 Dawn Circle, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. Approval as Submitted: Motion to adopt Resolution 2023-028, approving Planning Case 23-008 for a Variance at 1475 Dawn Circle, based on the findings of fact and the submitted materials in the May 22, 2023, Report to the City Council. Denial: Motion to deny Resolution 2023-028, approving Planning Case 23-008 for a Variance at 1475 Dawn Circle, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Resolution 2023-028, approving Planning Case 23-008 for a Variance at 1475 Dawn Circle: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on May 11, 2023. A public hearing notice for this planning case was published in the Pioneer Press on May 11, 2023. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has not received any written or verbal comments regarding this proposal as of May 17, 2023. Page 6 of 7