Agenda - 10-06-1981 - Laserfiche WebLink

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��/ '` , � ` ` J��/� ' of through several counties and the need for the line s.==..~ - not�'—=~ -~' on a county by county basis. These changes require applicant adjudicated�— � certification of its status and the public's need for the facility. '} 5. Page 8-1 8.2 should be amended so that Articles 5 and 6 (Dimensional Requiremcnts) do not apply to transmission lines. Reason: The dimensional requirements are not applicable io• transmission �' lines. Setbacks, heights, visibility, etc: are meaningless and height limitations may cause safety code violations_ 6 Page 8-1 In a] and and in 8.2.2 (a) and (u) add the following `� words to 8.2.1 `-v : "�^-'esn the use is'a ublic necessity in which subsection: ^--' � need not promote the public case the location of the proposed development .o health, safety, and general welfare)" • _,•~ Reason: As it stands the ordinance suggests that the Board of ustment can direct the precise location of the proposed transmission line. ~ In subsection (b) of the same sections the ordinance recognizes an exception when`the use is a public necessity. The same exception � � � ----' should apply in the subsections ,a^ and .�.l • General Comments: The special use requirements are a real obstacle Realizing that it is the general concept of.the special use permit to allow the use `r a/ / requirements and conditions are met, raise t�a t to whether under the ordinance as proposed the Zoning Board of can make findings that will prohibit a transmission line at the location proposed. This raises serious problems far public utility. If the transmission line right of way is acquired prior to obtaining a special use permit, the utility runs some risk of having findings of fact ma d e that ^ t its of the right acquired. Frequently, millions 'of dollars would preven s «se ' of the amount depending upon the width -of the right are spent acquiring rights » " hc n` way and the J"~ng~huf the line. These expenditures may be forfeited uld the Board make findings which prevent the use. This would be an unnecessary burden for the ratepayer. /- On the other hand, if the special use permit is applied for before the rights ghts of way are acquired, much of the information required for the application cannot be provided as the utility has no right t o en t er the various properties / rties ( t o m ake necessary surveys and studies. And although entry could h e obtained ( to make the studies and surveys, to whom would the special use permit be issued" The utility is not yet a property owner. Forthennpre, the usual the permit cannot be met. tine limitations to use e perm � amended so that, having acquired the I-would like to see the ordinance them even though'h u"� ^~^�~ight" rastrictfnn: rights of way, the utility could ose' ��y "�� ° from the County. - . „_” - '