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Xcel Energy <br />Page 3 <br /> <br />The second proposed project is a two-story, approximately 40,000 square foot building which <br />will house relocated training activities that previously took place in Minneapolis, MN, which <br />include laboratories and classrooms. The applicant is proposing a significant amount of <br />employee traffic using the building during peak training event times. <br /> <br />5. ANALYSIS: <br /> <br />A. Level of City Discretion in Decision-Making <br /> <br />The City’s discretion in approving or denying a site plan is limited to whether or not the <br />proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If <br />it meets these standards, the City must then approve the site plan. <br /> <br />The City’s discretion in approving or denying a conditional use permit amendment is limited to <br />whether or not the proposed application meets the standards outlined in the Zoning Ordinance. If <br />it meets these standards, the City must approve the conditional use permit. <br /> <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 /> <br />B. Site Plan <br /> <br />Building Setbacks <br /> <br />The BP zoning district requires a minimum 30-foot front yard setback, a minimum 40-foot side <br />yard setback, and a minimum 30-foot rear yard setback. The proposal meets all of these <br />requirements <br /> <br />Building Height <br /> <br />The BP zoning district has a maximum building height of 50 feet. The proposed building is 38 <br />feet in height and meets the ordinance standard. <br /> <br />The applicant is proposing to construct training transmission lines which exceed the maximum <br />building height, requiring a variance. <br /> <br />A. VARIANCE FROM BUILDING HEIGHT REQUIREMENTS <br /> <br />The applicant is proposing to construct the outdoor training transmission poles at var ying <br />heights, with a maximum of 105 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 />