Board of Adjustment Agenda and Packet 2016 11 16

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Board of Adjustment Meeting Minutes October 19, 2016 Page 7 of 16 Campbell asks if Godec is the original owner. When did you become the owner? Godec says I am the second owner of the property. I bought it in 2000. The trees were already planted. Xcel had been through three times, once before I owned the property and twice before this to top the trees. It was my assumption that this was a normal process. Campbell says I am often surprised by people planting trees under power lines. Public Comment in Favor: Steve Castillo, 902 Grove Drive, Louisville, CO I live across the street from the side of Greg's house. We are the original owners of our house and have lived in it for 26 years. Regarding the height question about the wires, I have no idea how tall they are but my guess would be more like 75' off the ground. In the time we have been in the house, they have replaced those poles. It seemed to me that the poles got much higher. Whatever the distance is, it is significant from the top of the pergola. I think it is important to note that Greg is a victim of location in two ways. The City approved a PUD that included this right- of-way and, at least in our neighborhood, his is the only house where the wires directly go over the house. There is a house behind our backyard where it splits between a couple of yards. Xcel came in and leveled trees that were there as well. Further to the north, they cut trees down to the ground that were probably 20' tall that were along the sidewalk. It was a rather startling denuding of the sidewalk to see them go. I would note there is a small irony in the presentation package. The aerial photo taken at any earlier date shows the trees. One of the reasons the trees were there was to provide shade as well as noise abatement. The trees aren't subject to the same kind of setbacks. Throughout our neighborhood, people have planted trees near their fence but the branches go beyond the fence. I am speaking in favor of Greg's motion. I believe that items 1 and 2 are met which then sets up a cascade for the rest of them. Greg made reference to the house that is nearby. Two doors up, there are two structures within 12" of the fence line. Why are they not being called before you? Probably because they are old, they are weathered to be the same color as the fence which makes them invisible, and the vegetation planted has grown up them. They are barely noticeable. My guess is that in time, it will happen to Greg's as well. Halfway down Tyler between Washington and Via Appia, there is a backyard where someone put in 20-30' tall poles within a few feet of the fence so that they can string a tarp from their back deck to these poles and create a shaded area. As far as I know, they are not before you. There is a little inconsistency in how we are dealing with this. I think we do need to have a little respect for how Greg's property has been the victim, not only to a changing rule from Xcel, but a rule that was designed for fire prevention in the high country. We are not in the high country. I think what happened here is Xcel got tired of sending a crew in every couple of years to top the trees. It was more cost efficient in the long run to simply mow them down. I think Greg should not be suffering for that. Campbell asks about noise abatement. Can you explain to me how the trees would solve that problem? Castillo says trees just do that. A thick branch with lots of leaves will muffle the sound of traffic. Greg backs up to an intersection. There are three or four school buses every morning, nine months of the year. It is a corridor for people going between McCaslin and South Boulder Road. If there is thick vegetation, it blocks sound. We lost a cherry tree on our property one year ago. For 25 years, it provided a fair amount of noise abatement because of the thickness of the vegetation. Public Comment in Opposition: None. Summary and request by Staff and Applicant: Staff recommends for denial. Ewy asks about the dash line we see just inboard of the pergola. Is that the actual setback line for scale, in terms of what we're looking at? There is a 20' dimension along the side yard for a house location.