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TO: Louisville Board of Adjustments <br />RE: 749 Wildrose Way, request for after the fact variance from the back setback for a trellis and pergola. <br />1. That there are unique physical circumstances or conditions such as irregularity, narrowness or <br />shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected <br />property. <br />Physical circumstances are defined as anything relating to the boundaries or physical attributes of a <br />piece of property. In this case the physical nature of the circumstance is related to the area above the <br />property, which upon review of standard and common practices in property law is always considered <br />part of the property boundary, and rights associated with the fair use of that space and limitations <br />imposed on that use due to the proximity of the high voltage power lines. Excel upgraded the high <br />tension lines to 230KV a few years ago and implemented much more aggressive vegetation <br />management rules. This year those rules required the removal of all trees directly under the <br />transmission lines. I have included the Excel Notice of tree Removal which illustrates the rules and have <br />inserted the relevant graphic from the Xcel Vegetation Management guide here for your review. <br />Cross -Section of Typical Transmission Right of Way <br />Danger tree <br />clearing area <br />Remove ell <br />tall -growing <br />trees and <br />shrubs <br />Remove ail <br />tall growing <br />thea and <br />shrubs <br />lf access route <br />exists: keep clear <br />of trees <br />and brush <br />Variable right-of-way width <br />Danger tree <br />clearing area <br />Unfortunately, this property is one of only two or three that are located directly under the lines and the <br />only property where the lines are directly over the back edge of the property. The unique physical <br />situation on this lot is that due to the physical restriction on tree and vegetation height I cannot plant <br />trees or brush similar to all of the neighbors and consistent with the overall aesthetic of the location. <br />Prior to this I had one mature aspen and three mature apple trees planted on the back property line and <br />they were all removed. In addition they removed one Ash from the back northwest corner of my <br />property. This has completely exposed the property to the noise and view of anyone on Washington <br />