Board of Adjustment Agenda and Packet 2016 11 16

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Board of Adjustment Meeting Minutes October 19, 2016 Page 6 of 16 DeJong says can you estimate the distance between the existing trees and the new wires. Was it 10' or 5'? There is a specific clearance distance derivation by the Gallet equation. There are specific rules that Xcel is supposed to follow. Godec says Xcel cleared a whole path around the state, not just in Louisville. They had warned me two years ago that a couple of the trees needed to be cut off at the base. It didn't surprise me and I was not interested in litigation. I didn't threaten Xcel that I would sue them. My intention here was to do what I could do with what I thought were my rights under the law, without undue burden on myself or Xcel. DeJong says did you speak to Xcel about any other vegetation that could be appropriate replacement. Godec says I asked them about the trellis or grapevines. They said that was fine. But I know full well that if something happens, and they have to service the lines, they can come through and dig up the entire corridor in Louisville. They don't have to ask our permission. This seemed to me to be the most expeditious and the situation that would change the least. The pergola is a fixed height. Grapevines don't grow higher. I could have considered planting additional trees but I wasn't interested in putting myself or any future owner of the property at risk for having this happen again. DeJong says under Xcel Energy's vegetation management transmission right-of-way, tree clearing, and maintenance, they specifically state that we may allow compatible low -growing species to remain in the right-of-way. We do attempt to work with landowners to determine if trees or other vegetation deems compatible with the safe operation of the line may remain. Godec says Xcel did and they made it clear that the apple trees and the ash I had in the back absolutely could not stay. I didn't ask about alternative smaller trees under the assumption this was the simplest and quickest way to go and solve the problem. I would not run into this issue in the future if I have vines or low growing plants on a structure. DeJong says from my understanding of looking at the North American Energy Specifications with regard to 230 kilovolts, over 5000 to 6000 feet in elevation, there necessitates a clearance of approximately 4' for vegetation; 4' from the lines. Godec says in looking all the way down the neighborhood, they cut every tree underneath the power lines to the ground. Meseck says I know Xcel cut down most plants underneath the transmission lines down to the ground that were not on private property. The lines by Fireside Elementary and out to Dillon and Cherry have been cleared out. The lines cross a number of properties to the north of your property where they cut trees in half. Godec says I talked to the arborist and he made it clear that this was what they were going to do. As I went around the neighborhood and talked to people, it did turn out that two or three of the houses not far from me threatened to sue Xcel. They got lawyers and wrote something up. In my opinion, they got a stay of execution. I didn't think that was the way to go and thought this property should be in compliance. Malmquist asks Godec to point out the power lines on the drawing. The power lines are now closer to the ground, is that correct? Robinson says the power lines run through the easement lines on the drawing. Godec says the lines are now closer so Xcel got more aggressive in clearing underneath the lines. The Xcel communication says they have been more aggressive in the right-of-ways since some of the fires in the mountain areas. They were not amendable to a reasonable conversation about being able to keep my trees. Malmquist asks if the power lines are between your house and the pergola. Godec says the power lines are on top of the pergola. In summary, it appears that criteria 1 and 2 need to be met. There needs to be a unique physical circumstance. My contention is that the unique physical circumstance is my lack of ability to have a tree there. Meseck says based on the drawings, did you have a contractor or architect design the structure. Godec says my roommate and I built it. We did the drawings after the fact.