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• <br />• <br />• <br />DESIGN REVIEW BOARD MEETING <br />March 14, 1990 <br />3. That the hardship is not due to economic <br />considerations along and when a reasonable use for <br />the property exists under the terms of the <br />ordinance. <br />4. That granting the variance requested will not <br />confer on the applicant any special privilege that <br />would be denied by this ordinance to other lands, <br />structures, or buildings in the same district. <br />5. That the proposed actions will not unreasonably <br />diminish or impair established property values <br />within the neighborhood. <br />6. That the proposed actions will be in keeping with <br />the spirit and intent of the ordinance. <br />In addition, the city council passed ordinance 12 -89 on <br />January 8, 1990. That ordinance limited the height of <br />utility poles to 45 feet in residential districts. It <br />stated: <br />The location, appearance, and height of utility poles, <br />towers, and other electrical appurtenances shall be <br />considered a conditional use within each of the city's <br />zoning districts. <br />John Miller spoke about yet another issue. When the power <br />line was built in 1965 the UPA bought a 35 foot easement from <br />the Hawkins. However, the electric coop took a "blanket <br />easement" on the Hawkins land. It was only when Hawkin's <br />daughter and son -in -law wished to build a house on part of <br />the farm did the lending agency discover the easement. The <br />UPA removed the blanket easement, but kept an easement for 50 <br />feet of land, not the original 35 feet. The landowners were <br />not paid for the additional 15 feet. <br />Patrick Cairns, Land and Land Rights for the UPA stated that <br />this issue is between the Hawkins and the UPA. Mr. Kens <br />stated that Mr. Miller has raised a lot of issues. <br />The Hawkins and the Donlin's (Mr. Hawkins' daughter), have <br />been very conservation oriented. Presently they are <br />attempting to reestablish osprey to the area and the work <br />they've done with Lake Amelia has greatly enhanced its wild <br />life capacity. It is now part of the local waterfowl flyway <br />extending to other lakes south and west of Lake Amelia. <br />Birds coming north across County Road J are gliding to land <br />on the lake. The wires from the power line present an <br />obstacle and have resulted in the loss of birds especially in <br />the spring with increased deaths of young, inexperienced <br />waterfowl. A heightened power line certainly will not lessen <br />the hazard and will probably increase it. From a wild life <br />Page 6 <br />