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OC Board of Adjustment – 6/8/2015 Page 36 of 68 1 Tom Johnson: I am talking it would be closer to some of those subdivisions that are down that end of Kerley Road? 2 3 Ann Hall: I don’t think so. 4 5 Tom Johnson: Have you run a balloon test or pictures or anything to show….. 6 7 Ann Hall: Have I run a balloon test? No. I wouldn’t know how to even start. 8 9 Tom Johnson: I understand. 10 11 David Blankfard: If you look at number 21, there is a topo map that shows the piece of property that you are speaking 12 of has higher elevation. 13 14 Tom Johnson: Yes. Just getting in to higher elevation. I was just getting at the proximity because there are other 15 homes up there; there is another subdivision up that way. 16 17 Samantha Cabe: Have you seen Attachment 1 in the packet provided to us by staff that was submitted by Michael 18 Harvey into evidence? 19 20 Tom Johnson: We are getting down a road we can’t get under. We have to pick a spot where we negotiate with an 21 owner to put a tower. The tower site we choose has to be evaluated based on the factors in the ordinance. It is very 22 clear from case law and other law that the purpose of this board isn’t to go decide if I come up with a McDonald’s 23 location at the corner coming into Hillsborough, you don’t try to decide, why don’t you go talk to that property owner and 24 buy the property from them. We are looking at this site, and whether this site complies, so this is the site we have been 25 able to negotiate and present to the board not relocating the tower somewhere else. 26 27 Samantha Cabe: So I guess my question is that it appears that it is the same property owner, it’s the same tract of 28 property so my question for you is did you attempt to negotiate a different location with the same property owner. 29 30 Tom Johnson: We negotiated with the property owner for the location that the property was willing to put the tower and 31 that is the location that was identified and I can have Mr. Nekosha who actually did the negotiation testify to that fact. 32 We talked to Ms. Bergman. We have to deal with willing property owners, willing buyer, willing seller. In this case, 33 talking to Mr. Bergman, that was her preference because if you move it otherwise, you’ve got another home up there on 34 the Northern end that is not Ms. Bergman’s home either if you tried to move it. There could be a variety of factors, I am 35 just pointing out that could be one factor of many but the thing is Ms. Bergman determined in negotiations with her is 36 where she preferred along with the tower company. 37 38 Larry Wright: I think we are getting into closing arguments, Mr. Smith has reminded me of this twice and I think we are 39 still listening to witnesses. Is that okay? 40 41 Tom Johnson: I guess my point is getting down the road of trying to choose where the site goes is not as much as 42 choosing whether this site for a variety of reasons meets _____. 43 44 Larry Wright: I think we have heard this witness and we are ready to move on. 45 46 Ann Hall: That is fine. 47 48 Eve Olive: I have been a resident of 5815 Mt. Sinai Road since 1971. I was born in Tennessee and grew up in South 49 Africa. I am an architect by training with a degree fro m the University of Motile, South Africa. I practiced architecture in 50