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Xcel Energy – Variance and CUP Amendment <br />The comprehensive plan identifies this property as Business Park (BP). There are residential <br />properties to the north and south of the building. The character of the area is for the most part <br />industrial. There are buffers of woodland and landscaping between the site and the residential <br />uses. There are business park uses to the north of the property. It’s in staff’s opinion that the <br />proposed use is compatible with the character of the area. <br />C. Variance <br /> <br />The applicant is proposing to construct the outdoor training transmission poles at varying <br />heights, with a maximum of 72 feet, where 50 feet is required by ordinance. <br /> <br />Staff used the standards outlined in Section 90-38 of the City Code and found the following: <br /> <br />(1) Law. The variance as requested is permissible by law. <br /> <br />The proposed variance is permissible by law. <br /> <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term “Practical <br />Difficulties” as used in the granting of a variance means: <br /> <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br /> <br />By adding to the existing training facilities, the applicant is proposing to use the property <br />in a reasonable manner. The additional facilities will not drastically alter the use or <br />intensity of the site and the site will remain a utility training facility. Additionally, the <br />proposed transmission lines are not unlike existing, operable utility poles located <br />throughout the City. It is in staff’s opinion that it is reasonable to request that the training <br />transmission line be of similar height to existing live operational utility poles in order to <br />ensure adequate training practices. <br /> <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and; <br /> <br />The property is uniquely shaped and is surrounded by mature wooded areas to the west <br />and south, effectively screening the existing training facilities from adjacent land uses, <br />specifically the residential uses to the south. Additionally, the proposed transmission line <br />consists of utility poles that are similar to existing live operational utility poles that are of <br />similar heights. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />The property is zoned Business Park and is surrounded by other, existing business park <br />uses. Additionally, the property is buffered and screened from adjacent residential <br />developments by existing wooded areas and wetlands and will not alter the character of