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Page 2 <br />stated that the building height is a result of comments from staff on the architecture, but they will <br />work on reducing the height. Staff agreed that the building height was a result of staff comments. <br />The developer further stated if they can't meet the building height requirements, they would <br />apply for a variance. The site plan and building architecture is generally the same as what was <br />reviewed during the site plan approval process. <br />Building Code versus Zoning Code <br />During the review of this variance request staff discovered there is a discrepancy between the <br />building code and zoning code. The building code defines building height as the height of the <br />building from average grade to the mid -point of the highest peak. In this case the building height <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 />4. 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 />5. 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 />2 <br />