Agenda - 11-02-1981 - Laserfiche WebLink

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mpu 4:v ' • of energy through several counties and the need for the line should not be adjudicated on a county by county basis. These changes require applicant l�c�nt c�r�i�icat�pn of its status and the public's need for the facility- ` �-- 5. Page 8—I 8.2 should be amended so that Articles 5 and 6 (Dimensional Requiremots) do not apply to transmission lines. ' Reason: The dimensional requirements are not applicable lo transmission ' lines. Setbacks, heights, visibility, etc. are maning7ess and height limitations may cause safety code violations. 6' P 8-1' In (a) and and in 8.2.2 (a) and (c) add the following words to each subsection: '"(uoJess the use is a public necessfty'io which case the location of the proposed development need not promote the public health, safety, and general welfare)" • — ' Reason: As it stands the ordinance suggests that the Board of Ad5ustment 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 (c). • General Comments: The special use requirements are a real obstacle as Realizing that it is the general concept of the special use permit to the use if all requirements and conditions are met, I raise the question as to whether under the ordinance as proposed the Zoning Board of Adjustment, can make findings that will prohibit a transmission line at the location proposed. This raises serious problems for a public utility. If the transmission line right of way is acquired prior to obtaining a sPecjal use permit, the utility runs some risk of having findings of fact made that would prevent its use of the right acquired. Frequently, millions of dollars are spent acquiring rights of way, the amount depending upon the width of the right of way and the length of the line. These expenditures may be forfeited should 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 of way are acquired, much of the information required for the application cannot be provided as the utility has no right to enter the various prope ,-` to make necessary surveys and studies. And although entry could be obtair to make the studies and surveys, to whom would the special use permit be ` issued" The utility is not yet a property owner- Furthermore, the usual time limitations to use the permit cannot be met. ' — --'