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work, but not impacting the variance request, is a garage addition and full reconstruction of the back 1/4 — 1/3 <br />of the home. This section of home will structurally support the proposed third floor. <br />Planning Director Gundlach explained Zoning Code Section 4-040 (2) states that "no structure or building shall <br />exceed 2 1/2 stories or thirty feet in height, whichever is less". While the total height proposed by the applicant <br />does not exceed 30' when measured from the high side (front of the home), the code is not clear in the method <br />of measuring building height and the intent is not to permit a third story, being staff is unaware of any three <br />story homes in the community. Because of the code ambiguity and the intent of not permitting a three story <br />home, staff has advised the applicant that a variance is required. <br />Planning Director Gundlach reported it's worth noting, staff has discussed alternative options with the architect <br />and homeowner that would allow the applicant to gain additional living space within a defined half story above <br />the existing main floor and lowest floor, however the applicant feels this design is architecturally more <br />interesting, is less massing on the structure, and appears as a 2nd story from the front or street side of the <br />structure. Construction of a half -story would be permitted without a variance. Staff reviewed the requirements <br />for approval a variance and recommended the Planning Commission deny the variance as requested. <br />Commissioner Danger questioned how the City made a determination a building was three stories. Planning <br />Director Gundlach explained that this was determined by the definition of a story within the Building Code. <br />She provided further clarification on the differences between a basement and a story of a home. <br />Commissioner Danger asked if a precedent would be set if the Planning Commission were to recommend <br />approval of this variance. Planning Director Gundlach reported this was a concern for staff. <br />Commissioner Deick inquired if three story homes were not allowed in the City. Planning Director Gundlach <br />reported this was the case. She indicated that she has encouraged the applicants to pursue a half story addition <br />versus a full story addition. She expressed frustration that the applicant was not present at the meeting. <br />Commissioner Danger questioned if the applicants have considered any other home design options. Planning <br />Director Gundlach explained that she reviewed other options with the applicants but found they were only <br />interested in a third story. She reported if the variance was not approved, the applicants may move out of the <br />City. <br />Motion by Commissioner McPherson, seconded by Commissioner Erickson to close the Public Hearing. <br />Approved 6-0. <br />Commissioner Danger suggested the applicant pursue an addition to the top of the garage. Planning Director <br />Gundlach explained that this option was presented to the applicants. <br />Commissioner McPherson supported staff's recommendation to deny the variance request. <br />Commissioner Erickson questioned if there were any three story homes in New Brighton. Planning Director <br />Gundlach did not believe this to be the case. She explained that the way New Brighton regulated building <br />height was very common when compared to neighboring communities. <br />Commissioner Deick asked why the townhome units being built by Pulte were allowed to be three stories. <br />Planning Director Gundlach reported that the townhomes were on constructed on a higher density parcel, and <br />were approved within a PUD. <br />Motion by Commissioner McPherson, seconded by Commissioner Erickson, to approve staff <br />recommendation. <br />Approved 6-0. <br />2 <br />