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Page 2 <br />would be 38 feet and 9 inches. The zoning code defines building height as the vertical distance <br />above mean (average) ground level to the top of a flat roof, or to the highest point on a pitched, <br />hip or gable roof. In this case the building height is 45 feet and 7 inches. Since the maximum <br />height requirement is in the zoning code, the applicant has measured the height of the building to <br />the top of the highest point on the building. The building code does not have a maximum height <br />requirement. <br />Three -Story Townhomes <br />There are three-story townhomes that have been approved and constructed in the City. An <br />example of these buildings are in the Victor Gardens development. The buildings are 42 feet tall <br />at their highest peak and 36 feet tall to the mid -point of the highest peak. The buildings are <br />typically setback 30 feet from the road. <br />3. LEVEL OF DISCRETION IN DECISION-MAKING <br />The City's discretion in approving or denying a variance is limited to whether or not the <br />proposed project meets the standards in the Zoning Ordinance for a variance. The City has a <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br />4. CONTEXT: <br />A. Surrounding Land Use and Zoning <br />The properties to the north are zoned Agricultural (AG) and are occupied by large lots and single <br />family homes. The property to the east is zoned Medium Density Multiple Family Residential (R- <br />5) and is occupied by Christ Lutheran Church. The properties to the south are zoned General <br />Business (C-2) and are vacant. The property to the west is zoned Planned Unit Development <br />(PUD) is occupied by townhomes. <br />B. Natural Characteristics of Site <br />The property is currently vacant and contains several wetlands. The upland of the property was <br />used for stockpiling of dirt, but is normally generally flat. <br />5. ANALYSIS: <br />Variance <br />Building Height <br />The R-5 zoning district has a maximum building height of 35 feet. They are proposing the height <br />of the building to be 45 feet and 7 inches tall, where 35 feet is required by ordinance, therefore a <br />variance is required. <br />2 <br />