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~~~-~~ CITY OF FALCON HEIGHTS PLANNING COMMISSION ITEM: A public hearing on a request for a conditional use permit for additional building height at 2129 W. Larpenteur Avenue (hearing to begin not before 7:10 p.m.) SUBMITTED BY: Lawrence Greenberg and Carol Kindschi, property owners REVIEWED BY: Carla Asleson, Planner Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Proposal Mr. Greenberg and Ms. Kindschi are proposing a 32 foot high (grade to peak) addition to their existing home. The existing home, built in 1925 and before the adoption of the current zoning code, is constructed at a height of 34 feet. The addition would house a master bedroom suite on the upper floor and a "great room" on the lower floor. The proposed roof line is consistent with the current pitch of the roof. With the exception of the building's height, the addition meets all other requirements of the zoning code with respect to setbacks and lot coverage. ~~ Zoning Code • The zoning code allows single family homes in an R - 1 zone to be a maximum of 25 feet in height or two stories, whichever is less (9-4.01 subd. 4 (a)). All requests for additional height require the issuance of a conditional use permit (9-2.07 subd. 1). In other city's codes, this might be issued as a "special use permit" rather than a conditional use permit. Unlike a variance, where the applicant must prove a hardship in order to exceed the zoning code, a conditional use permit may and must be granted if the applicant can meet both general and special conditions governing the use as determined by the planning commission. The section of the zoning code that governs conditional use permits (9-15.04 subd. 3(a) (1 1)) requires that the planning commission find that: "The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence". Background In 1990, the applicants were granted a conditional use permit to operate a bed and breakfast facility out of their home. The current request does not require amending that conditional use permit because the owners do not propose to change or expand the bed and breakfast facility. This request requires a second conditional use permit on the property rather than an amendment to the 1990 permit because it is not related to the bed and breakfast facility. Once an addition is constructed, a conditional use permit for additional height cannot be revoked. The conditional use permit for the bed and breakfast could be revoked if the owners • do not meet the conditions set upon that operation.