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Xcel Energy— Site Plan, CUP Amendment, Variance, Easement Vacation 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 staffs 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. (4)Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The training center is a permitted use in the Business Park zoning district. (5)Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6)Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by City sewer and water. 4