Developer seeks to shrink west setback at 3926 East Boulevard; council asks for revised plan and to preserve prior west‑side commitment

The council reviewed a developer request to amend the development agreement for 3926 East Boulevard (ordinance 441‑A), which would reduce a 25‑foot west setback to about 18 feet so proposed twin homes could accommodate double garages and be more marketable.

Planning staff summarized the agreement’s original terms — shared driveway access and a 25‑foot west setback — and said the developer later asked for a smaller setback. Councilmembers repeatedly pressed on enforcement mechanisms if a developer fails to deliver promised improvements and whether a homeowners association or recorded maintenance agreement would assure long‑term upkeep. One councilmember asked for explicit remedy language in the development agreement rather than relying solely on permit conditions.

Developer Adam Nash spoke to the council and said shifting the project east, or allowing an 18‑foot west setback, would make the units feasible and allow private driveway arrangements with recorded easements and maintenance obligations. Councilmembers said they were sympathetic but noted residents had been told a 25‑foot setback would be preserved; several asked Nash to return with a revised map that shows how the project could be shifted east without reducing the west‑side public commitment.

Council action: councilmembers agreed to continue the item to the next meeting and asked the applicant to submit a revised site plan showing proposed building shifts and any required code relief; the council indicated a preference to protect the public commitment on the west side where possible.