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ìòð ÎÛÊ×ÛÉ ±º ÎÛÏËÛÍÌæ 4.1Berger Transfer is in the process of updating its electrical power supplies by augmenting Xcel Power with a stand-along emergency power generator to reduce business interruptions. 4.2City Code Section 1007.01 limits establishes the structure front setback in any industrial zone at 40 feet. This portion of the Berger building is located in an I-1 zone. ëòð ÍÌßÚÚ ÝÑÓÓÛÒÌÍñÚ×ÒÜ×ÒÙÍæ 5.1The proposal by Berger seeks to install/construct emergency generation equipment that encroaches into the 40 foot industrial front yard setback limit of the City Code. 5.2Noting that the City Code has a section on Essential Services, staff reviewed the Code section to determine if a variance was actually need: 1012.04: ESSENTIAL SERVICES: Essential services shall be permitted as authorized and regulated by state law and other provisions of the code, it being the intention that such are exempt from the application of the zoning code. (Ord. 275, 5-12-1959) 5.3There is no definition of “essential services”, but in counsel with the City Attorney, the common zoning definition refers to permitted common utility services, necessary for daily urban operations, that are provided or available throughout the community to all property owners such as electricity, gas, sewer, water, telephone, etc. Buildings for essential services require a conditional use permit in residential districts but are not mentioned in industrial districts, where “public services’ are considered a permitted use. Staff concluded that while the proposed emergency power generator provides a “back up” or reserve service, it was not essential to the public and did not serve more than one property or site and therefore was not considered an essential service which would be exempt from the setback provisions of the Code. 5.4The City Planning staff has determined that there is justification for granting a VARIANCE to Section 1007.01 of the Roseville City Code to allow the installation/construction of an emergency power generator set 19 feet from the front property line at 2950 Long Lake Road. In Section 1013 the Code states ….. Where there are practical difficulties or unusual 5.5 hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. PF3704_RVBA_020106 Page 2 of 4