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May 15 , 1990 ~~,~~ ~~' TO: PLANNING COMMISSION FROM: SUSAN HOYT TAFF, CITY PLANNER • RE: PLANNER'S REPORT OI'~ A REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING 26-1/2 FEET TALL IN AN R-1 ZONE ....The request for a conditional use permit for the construction of a single family dwelling 26-1/2 feet tall in an R-1 district is allowed under section 9-2.07 (1) (a) of the zoning code. As you know, a conditional use permit must be granted if all general and special requirements governing conditional use permits are met. Reviewing the criteria for the general and special requirements governing conditional use permits, there is only one criterion that requires attention in this application. This is 9-15.04, subdivision 3 (a) (11): 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. Evaluating this criterion for a conditional use permit requires reviewing single family residential construction styles throughout the City with particular attention to this neighborhood. A tour of the City indicates that there are severa_1 examples of homes, built at various times, that exceed 25 feet. In this particular neighborhood on Lindig Street, a variety of one and two story housing styles exist. According to the building plans, the house • at 1788 Lindig Street to the immediate south of 1804 Lindig is 27 feet high. The house to the south of 1788 Lindig is approximately 24 feet tall, but is on a higher grade than 1788 Lindig, and, therefore, appears to be about the same height as its neighboring structure to the north. Given the height of the homes immediately to the south of the proposed structure and the presence of dwellings in other sections of the City which exceed 25 feet, it can be concluded that the additional foot and one-half (1-1/2) in height on this structure will not be out of character in the neighborhood. And, therefore, all criteria for the conditional use permit are met. Mrs. Irene MacGregor, 1795 Fairview Avenue, who lives to the northeast of this property, expressed concern over the height of the structure because it might b]_ock sun from her home. She was also concerned about the setback requirements for the new house. I informed her that all setbacks would be met, and that the proposed dwelling would not exceed neighboring houses in height. In summary, the application meets all the general and special criteria governing conditional use permits, specifically 7.5.04, subdivision 3(a)(11) regarding architectural conformance to the neighborhood. Therefore, I recommend granting the permit subject • to these findings and to the following condition: 1. That the new structure be built at the same grade as the adjacent residential property to the immediate south.