2022.11.21 CC Packet - Laserfiche WebLink

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Xcel Energy Page 4 The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; By adding to the existing training facilities, the applicant is proposing to use the property in a reasonable manner. The proposed transmission lines are similar to existing, operable transmission lines and utility poles located throughout the City. It is in staff’s opinion that allowing for the training transmission lines to be of similar height to existing energized utility poles is a reasonable use. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is surrounded by mature wooded areas to the west and south, effectively screening the existing training facilities from adjacent land uses, specifically the residential uses to the south. The wooded areas and location of the proposed building would provide screening to the transmission lines that would not be possible if the transmission lines were placed in another location on the property. Additionally, the proposed transmission line consists of utility poles that are similar to existing live operational utility poles that are of similar heights. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The property is zoned Business Park and is surrounded by other, existing industrial uses. Additionally, the property is buffered and screened from adjacent residential developments by existing wooded areas, as well as the screening provided by the proposed training building in front of the training poles relative to the road. It is in staff’s opinion that the requested variance will not alter the essential character of the surrounding business park area. Staff is of the opinion there are practical difficulties in meeting the ordinance standards constructing the new training transmission lines. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance restricting building height is to ensure that neighboring properties are not dominated by excessively tall structures, and that the essential character of the surrounding area is not disrupted. Due to the screening provided by mature wooded areas to the west and south, and the proposed training building on the east side of the property, the requested variance meets the spirit and intent of the ordinance.