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Page 8 of 10 General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District side yard setback for corner lots at the Subject Property 3609 Pascal Avenue North. 2. The Subject Property received a variance in 1977 for a 4.5 foot side yard setback for an existing detached garage. 3. The detached garage on the Subject Property is currently setback 9.6 feet from the side property line along County Road E. 4. The proposed redevelopment would bring the Subject Property closer to conformance with the R-1 district standards and reduces the side yard setback for corner lots encroachment at 31.9 feet. 5. The proposed single-family dwelling would not require a primary front yard or rear yard setback variance. 6. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. 7. The proposed redevelopment would bring the Subject Property into conformance with the parking and driveway access standards for a residential lot. Variance Findings: 8. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 9. The variance would be consistent with the City’s Comprehensive Plan because it meets the City’s housing goal of encouraging redevelopment that is complementary to and enhances the character of the City’s established neighborhoods. 10. A single-family dwelling is a permitted use within the R-1 Zoning District. 11. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 12. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 13. The variance request is not based on economic considerations alone. Options and Motion Language The Planning Commission reviewed this application at their May 7, 2025 meeting. At that time, they recommended approval of the variance request with 11 conditions by a 5-0-1 vote (Commissioner Burlingame abstained) The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to approve with conditions Resolution 2025-042, approving Planning Case 25-002 for a variance to construct a new single-family dwelling with a 31.9 foot side yard setback on a corner lot at 3609 Pascal Avenue North, based on the findings of fact and the submitted plans, as amended by the conditions in the May 27, 2025, Report to the City Council: 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code.