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Xcel Energy – Site Plan, CUP Amendment, Variance, Easement Vacation 3 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. SITE PLAN Building Setbacks The BP zoning district requires a minimum 30-foot front yard setback, a minimum 40-foot side yard setback, and a minimum 30-foot rear yard setback. The proposal meets all of these requirements Building Height The BP zoning district has a maximum building height of 50 feet. The proposed building is 38 feet in height and meets the ordinance standard. The applicant is proposing to construct training transmission lines which exceed the maximum building height, requiring a variance. A. VARIANCE FROM BUILDING HEIGHT REQUIREMENTS The applicant is proposing to construct the outdoor training transmission poles at varying heights, with a maximum of 105 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: (1) Law. The variance as requested is permissible by law. 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;