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OC Board of Adjustment – 6/8/2015 Page 33 of 68 negative, they have to prove positive by substantial evidence and I submit to you that they have failed to do so. The 1 other criteria is whether the location and character will be in use and harmony with the area and I think the witnesse s 2 we will present to you will focus their testimony on whether this particular proposal is harmonious with the character of 3 the area. I submit to the board when it is all said and done there will be enough evidence in the record for this board to 4 determine that the proposed cell tower as proposed and whether it is stealthified by making it a modified or by putting 5 antennas only two feet rather than however many feet out based on the tower. That conclusion that the tower itself is 6 so visually intrusive that it is inconsistent with the current lay of the land and it is inconsistent with the generally rural, 7 agricultural of the area. The first witness I would like to call is Ms. Ann Hall. 8 9 Tom Johnson: There is a lot of things stated there, do I have a chan ce to ask a couple of questions of Mr. Hornik about 10 what he presented. At this time, you would admit there is no tower on the Bergman property? 11 12 Bob Hornik: Correct. 13 14 Tom Johnson: How would you analyze the impact on the Bergman property if there is no tower to analyze? 15 16 Bob Hornik: I looked for similar towers in similar locations to try to determine whether the element of this tower at this 17 location would have an impact on adjoining properties. 18 19 Tom Johnson: Isn’t that what Mr. Smith did? 20 21 Bob Hornik: That is not what he did. 22 23 Tom Johnson: Didn’t he choose Lake Hogan Farms where there is already a tower that has visibility in some lots and 24 did not have visibility from others and made an analysis on the impact of property values based on an existing an d drew 25 his conclusions based on that if there were a tower at the B ergman property using another subdivision in Orange 26 County. 27 28 Bob Hornik: One of the things he didn’t do was consider the fact that the Lake Hogan Farms tower was there before 29 the homes were there and therefore the impact on property value may have been when the lots were sold back in 30 1999/2000. 31 32 Tom Johnson: Mr. Smith lies his property timeframe from 2001 to 2014 where there were actually come turnovers in 33 house sales. Wouldn’t you say if that were closer to the towers and saw it versus if you were not? 34 35 Bob Hornik: I would say that was more factored in when the homes were built and initially sold. 36 37 Tom Johnson: But they were sold in that timeframe as well correct. The other things I ha ve to ask is that you live in 38 Lake Hogan Farms I guess you have been out there. Is that tower lighted? 39 40 Bob Hornik: I have no idea. I can’t see it from where I live. 41 42 Tom Johnson: It is over 200 feet correct? 43 44 Bob Hornik: Not according to the report. 45 46 Tom Johnson: For the Lake Hogan Farms? According to his report, I have right here the tower detail not registered …. 47 48 Bob Hornik: That is 170 feet. 49 50