Orono_Route_Permit_Application - Docket # W002/TL-11-223

Home Browse Search

City of Orono Mayor and City Council December 10, 2010 Page 2 thereafter northwesterly on the southerly side of Old Highway 12 in or along a large, high quality wetland to a point on a lot within the neighborhood (see enclosed map). We received the Staff Report on this matter at approximately 2:30 p.m. today, when it was first made available, to be reviewed by you next Monday and, therefore, unfortunately, we have to respond late on Friday and send our response directly to you by email and to your home addresses so that hopefully you will have an opportunity to review our comments before the Council meeting on Monday night. We apologize for having to do so. We and our clients strongly recommend and request that the City Council not refer this matter back to the Public Utilities Commission ("PUC") for review and approval. In this case, Xcel has sought local review and approval from the City of Orono because the project meets the exemption set forth in the statute as set forth in the City's Staff Report. The City Staff states that the they recommend that you defer the review of this application back to the PUC pursuant to Minn. Stat. § 216.E05, subd. I (b) and Rule 7850.5300, subpart 4. The City has no legal duty to do so. We and our clients are concerned that if in fact this matter is referred back to the PUC, then the City will have limited opportunity to make sure that all environmental issues related to this proposed project are adequately addressed in the environmental assessment process. Moreover, and just as important, we and our clients know that the PUC does not have the expertise, and quite frankly, the desire to fully understand the impact of this project on the adjacent neighborhood, the wetlands that will be crossed by the new transmission line, and the substantial adverse impact of the new and larger substation and new transmission line on the value of the numerous homes in the neighborhood. Several of the homeowners have estimated that the reduction in value could be as high as 30% to 40% of the values of those homes if the project is built as currently proposed. As you know, if this matter is not referred back to Xcel, then the City has the opportunity to approve or deny the required conditional use permit. During the analysis of the application for the conditional use permit, the City can hear testimony relating to the relevant issues and determine whether or not the conditional use permit should be granted or denied, or only granted with conditions to minimize the adverse impact on the neighborhood and the wetlands. The conditional use permit standards set forth in the Orono Zoning Code are as follows: See. 78-916. - Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; 1138559.DOC- 12/10/2010}