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Approved 1/11/2016 OC Board of Adjustment – 11/9/15 Page 11 of 48 Tim Smith: There’s a balcony, a small balcony. I think if you dive into her vision statement and business plan there is images that 1 show….. 2 3 Barry Katz: Yeah, because I’m just wondering on what could mitigate any kind of acoustics within the building so that it doesn’t 4 leak out. Number one and number two, whether or not, in fact, it’s necessary if you have a dance band playing in there, what is it 5 going to be like? Will it affect the rural character at the margins of the property? It would be an interesting question to have an 6 answer to. 7 8 Tim Smith: If we could hold that question… 9 10 Barry Katz: I’m just raising it up, even if you ever wanted to answer that question….(multiple people talking) If somebody can 11 address that question, it’s one of those questions I’d like to see answered. 12 13 Sharron Linn: Just one more question Tim. In your professional opinion do you think Kara’s use of the land would be harmonious 14 with the surrounding area? 15 16 Tim Smith: Well as part of the SUP…. 17 18 David Rooks: I’m going to object, that’s calling for an opinion on the ultimate question. (Inaudible) that’s the question for this 19 Board to answer. It’s not Tim’s question to answer. 20 21 James Bryan: Ma’am, Sharon, (inaudible), let the opposing counsel say what he wishes to say and then I can walk the Board 22 through the decision. 23 24 Karen Barrows: Sharron… What’s your pleasure? 25 26 Sharron Linn: I was just wondering his professional opinion, if it would be harmonious, but if it’s not a question….. 27 28 James Bryan: So, I’m trying to think of the best way for this Board, having new members, and in the interest of time, making it as 29 short as possible. 30 31 So, what happens is that there’s going to be two things to consider: One, is the general rules of evidence are going to be applied, 32 but we have considerable leeway than the traditional court of law. You’ve got another layer of it is that he’s being kind of presented 33 as an expert witness so if you’re going to get an opinion from anybody it has to be an expert opinion. And those opinions that are 34 offered have to be what they (the speaker) are experts in. Now, with the leeway that you have you’ve got one thing, a considerable 35 thing that you have is to take the objection under consideration, allow the evidence to be heard and then determine whether you’re 36 going to base any decision upon it later in deliberations. That is a great tool for this Board because it speeds things up and you 37 don’t have to rule on everything as it goes. This one, I advise the Board it’s kind of a fine line. I don’t think that this Board is going 38 to be basing the decision on that, on solely this testimony. I advise that you pre-safe and allowing it to be heard and then giving it 39 it’s due consideration. 40 41 Karen Barrows: Is that ok with Board members? 42 43 Board Members: Mm-hmm. 44 45 Karen Barrows: Ok. 46 47 Sharron Linn: In your expert opinion, will Kara’s use of this land be harmonious with surrounding areas? 48 49 Tim Smith: As I’ve said before, I’ve been in this business a long time, I’ve done a lot of applications for various types of projects, 50 various uses. In this instance, my professional opinion would be based upon the statement of justification that has been submitted 51 qualifying the answers to the findings that are required for this SUP, with regards to public health, safety and welfare, impact on 52 property values in harmony with area, the premise of water, sewer and waste disposal, adequacy of emergency services, vehicular 53