Board of Adjustment Agenda and Packet 2016 11 16

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Board of Adjustment Meeting Minutes October 19, 2016 Page 5 of 16 neighborhood. This is a well planted corner. There are a lot of trees and greenery and it is well manicured. Having this corner be bare in the back of my property or having it built 20' from the corner detracts significantly from what is a premium neighborhood in Louisville. Commission Questions of Applicant: Ewy says one of the letters mentions that your neighborhood is allowed to have a 6' fence, but you have a 4' fence. Did you consider any kind of hedgerow or screening? Godec says I did consider it. My concern is that Xcel might come back in and cut it down. I could plant a 6' or 8' hedge. I am not prevented at all from planting back at the property line. am prevented from putting a structure that I can grow grapes or vines on. I thought this was a more esthetically pleasing structure and one that would not require maintenance in the future. It will limit how high things can grow and where they can grow. A hedge would take a substantial amount of time to grow up and fill the space. This is also being expeditious and trying to build a structure that could resume some of the quality of the neighborhood corner. There are dozens of similar structures and plants and trellises not only in this neighborhood but throughout Louisville. It is a very common and this is why I didn't permit it. Ewy says if you had come in for a permit and found out that the setback would be required, would you have built this structure in compliance. Godec says no. Ewy says would you have sought a variance? Godec says I'm not sure what I would have done. The structure has no value to me 10' into my yard. That is half my yard. I have a deck and a waterfall and big trees and it is a nice space. I have a structure that is a barrier between my entire property and the back 10' of it. This was originally meant to be a trellis, which is a freestanding flat structure that plants grow on. I added the square of the pergola, which is more of a gazebo -type structure in the design, to break up the long flat structure. In my mind, the minimum request would have been a variance for a trellis and not a gazebo look. Malmquist says I was not here for the first presentation. The intent of this pergola is to have visual noise separation, not a place to sit. Is your intent to have the space above the fence to the top of the pergola to be covered in growth? Godec says this is just to grow vines on. There is one section that is deep and wide that comes into the yard. I was going to put a little patio table and chair, but not for function. DeJong says in your application or letter, you stated that the electric utility wire was upgraded to 230 kilovolts. Godec says 230 to 250 kilovolts. They swapped" out wooden poles and double wire for the giant aluminum poles. The wires are now closer to the ground than they were before. DeJong asks what is the height from the wires to the ground; 20'? Godec says probably 20' to 30'. DeJong says what was the notice you given from Xcel prior to them having their contractor remove the trees. Godec says we got a hang tag similar to the one shown in the packet. The tag said Wright Tree Service will be in to cut the trees down to the ground. DeJong says did you contact Xcel after you received the notice. Godec says I did contact Xcel and had an arborist come out. The trees were apple trees which had maxed out in height. They were not going to get significantly higher. The arborist came out, did a site survey and said, "these trees have to go". Right under the power lines, there is a limit. You can have a tree 10-15' away from the power lines, so I was able to keep a little bit of a locust tree in the back corner. I understood it is an easement and understood I was limited. I was trying to work within the scope of that when I built this pergola. DeJong says the arborist was an Xcel employee. Did they give you any written documentation that this tree was within the limits. Godec says I did talk to them on the phone but I did not get anything written.