Minutes - 19811102 - Laserfiche WebLink

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a• s 00003 2. x � 3. 4• of this book for those amendments.) Mr. Polatty said responses . 5• to Duke Power Company's suggested changes to the Zoning Ordinance 6.� were also included following those technical amendments. The staff 7, agrees with items 1, . 2, and 4 and disagrees with 3, 5, and 6 Ithe . 8• suggested changes deal with transmission lines) . Mr. John Kincaid, District Manager for Duke Power Company, 10. said most transmission lines would have difficulty meeting setbacks, 11. etc. , and certain heights were required by the National Electrical safe 12. Code. In regard to # 4, Mr. Kincaid said as a public utility it was 13• in the best position to determine public need, not the public. He 14- , added the company was concerned about the economic question of pur- 159 chasing rights-of-way and then having to acquire a Class B Special 16• Use Permit from the Board of Adjustment. 17• Mr. Polatty said the zoning Ordinance used two standards of 18. valuation: 1) off-site impact; and 2) serves public good. Mr. 19• Polatty said the Board of Adjustment primary evaluated the location '0• of the lines but intertwined with the location was the service of _ ?1• public necessity and convenience. 22. Mr. Kincaid said his understanding was that according to North 23• Carolina law, the public utility was granted the right to deterrr 24• public necessity and given the power to condemn property, if necess« �5• He said the Company had to certify need and that the public will be' 26. served by the installation of those lines. 27. Some members of the Board thought balances, provided by the 28. Board of Adjustment,were needed while others thought one county 29. shouldn't be able to hold up a project given the fact that the utility 30• had to certify necessity and service. 31• Mr. Kincaid said the company was "resigned" to # 6. The Board %2• proposed eliminating # 4 from the amendments and to have it returned '3• after discussion and reworking among the Planning Staff, Planning 34• Board and Duke Power. 35• Commissioner Whitted moved, seconded by Commissioner Gustaveson, 36• to adopt the technical amendments to the Zoning Ordinance as recom-- 37. mended by the Planning Board. (See pages of this book.) 38. Vote: Ayes, 5; noes, 0. ,39. 40.