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DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 137 of 156 <br /> <br />if it’s ever timbered. In addition to, we have to still install that landscaping if they timber that area 1 <br />around our facility. 2 <br /> 3 <br />James Bryan: If I may… I don’t know what Michael requires or what the Unified Development 4 <br />Ordinance requires about whether it’s the parcel that’s applying for this Special Use Permit and is 5 <br />required to be buffer or if it’s their leased area. Whatever the Unified Development Ordinance 6 <br />says, whatever Michael’s interpretation of the UDO. However, and so… there is the case law 7 <br />about harmony with the area, and what it says is that if it’s in the Unified Development Ordinance 8 <br />it’s the prima facia argument you already made that it is sufficient. So if you have this in an area 9 <br />where the BOCC have said an Special Use Permit is possible that’s a prima facia case that it is in 10 <br />harmony with the area. So likewise, the BOCC brought in to our Unified Development Ordinance 11 <br />the Type C buffer. That’s the prima facia of arguments that it is sufficient. Where that goes, that’s 12 <br />Michael’s… Whatever the Unified Development Ordinance says has to be addressed. 13 <br /> 14 <br />Matt Hughes: So you’re saying a way, or the way, to interpret the question of in harmony with the 15 <br />area is because the Unified Development Ordinance allows for the construction of a 16 <br />telecommunication structure within the rural buffer that that means that it would be… because 17 <br />that’s a permissible use it would be in harmony with the area? 18 <br /> 19 <br />James Bryan: Yeah. 20 <br /> 21 <br />Matt Hughes: Ok. 22 <br /> 23 <br />Laura Goode: Could I just? Sorry. Could I just add one more thing that I just thought of? Just to 24 <br />say it another way. Say this property didn’t have any type of timber on it whatsoever, no natural 25 <br />vegetation. Because we’re allowed to build it here with Special Use Permit all we would be 26 <br />required to do is to install this vegetation. So instead of removing the vegetation that’s there and 27 <br />installing it immediately we’re just going to clear as much space as we need to and leave those 28 <br />trees. Now, what the property owners do with the rest of the land that’s not under our lease 29 <br />control, we don’t really have control of that. But we would be held to the same standard if they 30 <br />remove that vegetation. We would still have to include that Type C buffer around the perimeter of 31 <br />the facility, which we have an easement for and we would do immediately, if that ever happens. 32 <br />So we would be meeting the standards, regardless of anything that happens to the rest of the 33 <br />property. 34 <br /> 35 <br />Samantha Cabe: Mr. Harvey, do you have anything to add before we close? 36 <br /> 37 <br />Michael Harvey: No. I sit at the pleasure of the Board. 38 <br /> 39 <br />Samantha Cabe: Alright. Any other questions before we close the hearing and go into 40 <br />deliberation? 41 <br /> 42 <br />Matt Hughes: I have one more question for James. I’m just reading the standards. Could you job 43 <br />my memory what public necessity means? 44 <br /> 45 <br />James Bryan: I don’t know what public necessity means. 46 <br /> 47 <br />Matt Hughes: Or Michael if you… 48 <br />Michael Harvey: Well, what I will you it’s my humble opinion this is not a public necessity. 49 <br /> 50 <br />139