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Xcel Energy— Site Plan, CUP Amendment, Variance, Easement Vacation <br /> a higher level of discretion with a variance because the burden of proof is on the applicant <br /> to show that they meet the standards in the ordinance. <br /> B. SITE PLAN <br /> Building Setbacks <br /> The BP zoning district requires a minimum 30-foot front yard setback, a minimum 40-foot <br /> side yard setback, and a minimum 30-foot rear yard setback. The proposal meets all of <br /> these requirements <br /> Building Height <br /> The BP zoning district has a maximum building height of 50 feet. The proposed building <br /> is 38 feet in height and meets the ordinance standard. <br /> The applicant is proposing to construct training transmission lines which exceed the <br /> maximum building height, requiring a variance. <br /> A. VARIANCE FROM BUILDING HEIGHT REQUIREMENTS <br /> The applicant is proposing to construct the outdoor training transmission poles at varying <br /> heights, with a maximum of 105 feet, where 50 feet is required by ordinance. <br /> Staff used the standards outlined in Section 90-38 of the City Code and found the <br /> following: <br /> (1)Law. The variance as requested is permissible by law. <br /> The proposed variance is permissible by law. <br /> (2)Practical Difficulties. The applicant for a variance shall establish that there are <br /> practical difficulties in complying with the provisions of the zoning regulations. The <br /> term "Practical Difficulties"as used in the granting of a variance means: <br /> a. Reasonable Use. The property owner proposes to use the property in a <br /> reasonable manner not permitted by the zoning ordinance and; <br /> By adding to the existing training facilities, the applicant is proposing to use the <br /> property in a reasonable manner. The proposed transmission lines are similar to <br /> existing, operable transmission lines and utility poles located throughout the City. <br /> It is in staff s opinion that allowing for the training transmission lines to be of <br /> similar height to existing energized utility poles is a reasonable use. <br /> b. Unique Circumstances. The plight of property owner is due to circumstances <br /> unique to the property not created by the landowner and; <br /> 3 <br />