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BOA agenda 031317
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BOA agenda 031317
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3/13/2017
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BOA minutes 031317
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DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 151 of 156 <br /> <br /> 1 <br />Karen Barrows: Well, it might be premature to say that …. 2 <br /> 3 <br />Samantha Cabe: Ok. 4 <br /> 5 <br />Matt Hughes: Well, and I’m not sure if this was ever. I guess this was entered into the record and I 6 <br />know the opposing council was calling to question who pay for it and whatnot, and in my opinion 7 <br />calling into question the American Bar Association and folks who write for the publication, just 8 <br />doing a quick Google search of two or three folks who wrote them, the article that appeared in this 9 <br />publication. I know these are attorney’s who, seemingly, were experts in real estate and in land 10 <br />use and so I wouldn’t necessarily discount that. That’s not like some company hired them to write 11 <br />this, necessarily. I’m not an expert on how these things come about but there definitely seems to 12 <br />me to be conflicting evidence as to whether or not a tower could enhance the value of, or at least 13 <br />diminish the value of, contiguous property. The expert, Mr. Ogburn, gave us a report that included 14 <br />a Journal article that included a study that was done in New Zealand and I would’ve felt better 15 <br />about that article if it was in… If that study had been conducted in the United States. In part 16 <br />because of land use policies and practices that are more in line with that you see in the United 17 <br />States. 18 <br /> 19 <br />Samantha Cabe: And it was twelve years old. 20 <br /> 21 <br />Matt Hughes: And it was twelve years old. So I don’t think I can say that it will necessarily 22 <br />negatively affect the contiguous property. The other thing is that Mr. Ogburn did present us with a 23 <br />study that he did that, Samantha pointed out, was largely conducted using homes that were very 24 <br />similar and it seems like the homes in this area are unique and I. You know, there could be other 25 <br />factors that could possibly drive whether or not that property has diminished or enhanced value. 26 <br />And I believe also the American Bar Association did point out something that was in Chatham 27 <br />County, and also in Holly Springs, where there was some dispute as to whether or not a cell tower 28 <br />would diminish the value of property. I think it’s, maybe in some ways it’s beauty is in the eye of 29 <br />the beholder. I think a lot of people may look for good cell reception when they purchase a home, 30 <br />maybe some don’t. But I’m not convinced that the tower itself will diminish the value of the 31 <br />property, just based on what I’ve heard tonight and what I heard last month. 32 <br /> 33 <br />Barry Katz: Well I listened to the testimony of the appraisers and I did not find the testimony all 34 <br />that convincing on either side. Not at all. I mean really, I was troubled by it all. I didn’t find the 35 <br />Opponents evaluation to be convincing to me at all. And again, there are multiple factors that add 36 <br />to maintaining or enhancing value of property. We’re here in 2017 and we’re still. We’re at this 37 <br />point where cell towers. They’re not like part of the landscape. And this is why we’re having this 38 <br />meeting and why we’re having such difficulty. I just don’t know whether or not, based on the 39 <br />testimony I heard I couldn’t make a decision that a cell tower would diminish the property values. I 40 <br />have to say that I can’t say that it would. And that’s painful for me to say but I believe that so. I 41 <br />didn’t hear any persuasive evidence that it was going to diminish property values. 42 <br /> 43 <br />Samantha Cabe: And I think this is the hardest one for me because our reality is now that cell 44 <br />towers are a necessity in somebody’s back yard in order to provide cell service in rural areas that 45 <br />somebody in a rural area has to have a cell tower in their yard, and it’s hard to weigh the effect on 46 <br />the property values of the way it looks with the benefit that you get from having the good cell 47 <br />service in those areas. And I don’t know. I don’t think either of our experts really spoke to the 48 <br />weighing of those two issues. Probably because there’s not really a good way to weigh that. But I 49 <br />would tend to agree that if we define maintain in the absence of a negative I did not find. I would 50 <br />153
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