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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 152 of 156 <br /> <br />say that Mr. Parkers report and testimony would support a finding that the use would maintain the 1 <br />value. And I didn’t find that Mr. Ogburn’s testimony was convincing that it would diminish it. And I 2 <br />always think about power lines when I think about these things. You know, just from the little 3 <br />wooden power poles that are around every neighborhood and how they were probably once 4 <br />subject of similar discussions and now people don’t even notice them. This is… It’s troubling 5 <br />because I understand that nobody wants a cell tower near their property. 6 <br /> 7 <br />Barry Katz: It’s painful. 8 <br /> 9 <br />Samantha Cabe: But on the other hand, I don’t know that they diminish the value. Particularly a 10 <br />property that has so many other benefits to it. And it’s unique by the testimony that we heard 11 <br />given. 12 <br /> 13 <br />Karen Barrows: Well I think that’s part of the point. It is unique. And that’s why they don’t want to 14 <br />have to see the tower. And also I think the appraiser looked at the comparable(s) that, as was 15 <br />stated already, had towers there in the subdivision already in existence. This is a very different 16 <br />situation. 17 <br /> 18 <br />Barry Katz: My understanding of what you’re saying is that the comparison were made in 19 <br />subdivisions and this is an entirely different situation. Is that what you’re saying, and that the 20 <br />uniqueness of the rural quality is affected by this cell tower? 21 <br /> 22 <br />Karen Barrows: Well …. 23 <br /> 24 <br />Barry Katz: I can’t say that I’m convinced that property values will be diminished when the time 25 <br />comes when property is sold. I just, I’m not convinced that I can say that it would. Because of the 26 <br />factors that that location is so appealing people will want to live there. This is as cold blooded a 27 <br />thing to talk, in a way to talk about an area that’s beautiful, it breaks my heart, but the area is so 28 <br />desirable that I think property values will be maintained. This is not an aesthetic issue. This is just 29 <br />a dollars and cents thing. From what I heard there was no compelling evidence to say that 30 <br />property values would not be maintained and just trying to make a statement that going forward I 31 <br />think that the cell tower issue will not be as consequential as other variable to the property there, 32 <br />as far as maintaining value. Is that permissible, for me to state it that way? 33 <br /> 34 <br />James Bryan: Well to clarify, you all are relying on the expert opinion that you heard. Whichever 35 <br />expert you choose is the expert opinion that you’re relying upon. Only an expert can give an 36 <br />opinion on property value and all evidence must be substantial, competent, and material. This is 37 <br />obviously material. Both were introduced without objection as being competent. And now it’s 38 <br />whether it is substantial. Would it persuade the average person to make a certain conclusion? 39 <br />Which is your conclusion to believe Smith or Ogburn. 40 <br /> 41 <br />Samantha Cabe: And I believe I called Mr. Smith Mr. Parker earlier, sorry about that. 42 <br /> 43 <br />Matt Hughes: So I mean, in my opinion, Mr. Smith presented evidence that properties would not 44 <br />be negatively impacted. I guess in the absence of a positive, even zero is positive I guess you 45 <br />could say. I was just not convinced at all by Mr. Ogburn’s testimony regarding how the properties 46 <br />would be negatively impacted. I guess to some extent you could say, I can’t remember how the 47 <br />saying goes, there are no knowns and no unknowns and etcetera, etcetera. But, I just. I believe at 48 <br />worst, based on what we’ve received, that there may be no impact. At worst. 49 <br /> 50 <br />154
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