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Xcel Energy Variance and CUP Amendment 2021 Page 2 2. CONTEXT: A. Surrounding Land Use and Zoning The properties to the south are zoned Planned Unit Development (PUD) and are occupied by townhome developments. The properties to the east and north are zoned General Industrial (1-3) and are occupied by industrial businesses and a vacant parcel. The property to the west is zoned Large Lot Single Family Residential (R-1) and is occupied by the City owned Clearwater Creek Preserve Park. B. Existing Site Characteristics The property is 28.15 acres and consists of wetlands and wooded areas on the south and west sides of the property. The existing training center is located on the property. 3. ANALYSIS: A. Level of City Discretion in Decision -Making The City's discretion in approving or denying a conditional use permit amendment is limited to whether or not the proposed application meets the standards outlined in the City's Comprehensive Land Use Regulations. If it meets these standards, the City must then approve the conditional use permit. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. B. Conditional Use Permit Amendment The applicant is proposing to revise the site plan that was approved with the existing conditional use permit to include the expansion of the training facilities on site and the proposed transmission lines. The comprehensive plan identifies this property as Business Park (BP). There are residential properties to the north and south of the building. The character of the area is for the most part industrial. There are buffers of woodland and landscaping between the site and the residential uses. There are business park uses to the north of the property. It's in staff's opinion that the proposed use is compatible with the character of the area. C. Variance The applicant is proposing to construct the outdoor training transmission poles at varying heights, with a maximum of 72 feet, where 50 feet is required by ordinance. Staff used the standards outlined in Section 90-38 of the City Code and found the following: