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BOA minutes 121216
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BOA minutes 121216
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BOCC
Date
12/12/2016
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 121216
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2016
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />Approved 3113117 <br />say that Mr. Parkers report and testimony would support a finding that the use would maintain the <br />value. And I didn't find that Mr. Ogburn's testimony was convincing that it would diminish it. And <br />always think about power lines when I think about these things. You know, just from the little <br />wooden power poles that are around every neighborhood and how they were probably once <br />subject of similar discussions and now people don't even notice them. This is... It's troubling <br />because I understand that nobody wants a cell tower near their property. <br />Barry Katz: It's painful. <br />Samantha Cabe: But on the other hand, I don't know that they diminish the value. Particularly a <br />property that has so many other benefits to it. And it's unique by the testimony that we heard <br />given. <br />Karen Barrows: Well I think that's part of the point. It is unique. And that's why they don't want to <br />have to see the tower. And also I think the appraiser looked at the comparable(s) that, as was <br />stated already, had towers there in the subdivision already in existence. This is a very different <br />situation. <br />Barry Katz: My understanding of what you're saying is that the comparison were made in <br />subdivisions and this is an entirely different situation. Is that what you're saying, and that the <br />uniqueness of the rural quality is affected by this cell tower? <br />Karen Barrows: Well .... <br />Barry Katz: I can't say that I'm convinced that property values will be diminished when the time <br />comes when property is sold. I just, I'm not convinced that I can say that it would. Because of the <br />factors that that location is so appealing people will want to live there. This is as cold blooded a <br />thing to talk, in a way to talk about an area that's beautiful, it breaks my heart, but the area is so <br />desirable that I think property values will be maintained. This is not an aesthetic issue. This is just <br />a dollars and cents thing. From what I heard there was no compelling evidence to say that <br />property values would not be maintained and just trying to make a statement that going forward I <br />think that the cell tower issue will not be as consequential as other variable to the property there, <br />as far as maintaining value. Is that permissible, for me to state it that way? <br />James Bryan: Well to clarify, you all are relying on the expert opinion that you heard. Whichever <br />expert you choose is the expert opinion that you're relying upon. Only an expert can give an <br />opinion on property value and all evidence must be substantial, competent, and material. This is <br />obviously material. Both were introduced without objection as being competent. And now it's <br />whether it is substantial. Would it persuade the average person to make a certain conclusion? <br />Which is your conclusion to believe Smith or Ogburn. <br />Samantha Cabe: And I believe I called Mr. Smith Mr. Parker earlier, sorry about that. <br />Matt Hughes: So I mean, in my opinion, Mr. Smith presented evidence that properties would not <br />be negatively impacted. I guess in the absence of a positive, even zero is positive I guess you <br />could say. I was just not convinced at all by Mr. Ogburn's testimony regarding how the properties <br />would be negatively impacted. I guess to some extent you could say, I can't remember how the <br />saying goes, there are no knowns and no unknowns and etcetera, etcetera. But, I just. I believe at <br />worst, based on what we've received, that there may be no impact. At worst. <br />OC Board of Adjustment — 12/12/16 Page 152 of 156 <br />
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