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Approved 6/8/2015 OC Board of Adjustment – 12/08/2014 Page 39 of 49 17, 2013 letter, he said “to be sure Mr. Williams Klein and his adult chil dren, Mr. Eric Klein, Ms. Heidi enjoy hunting 1 and shooting”. Mr. Klein’s name is not on any of these sheriff’s reports, Ms. Heidi Klein, Mr. Eric Klein. We have 2 Carlton Williams, Nathan Barnhart, and Christopher Wright twice. Christopher Wright is a res ident of the mobile 3 home park. We also have evidence although I can only test it with Mr. Klein testifying that Mr. McCloud Derek who 4 we believe is also a non-relative and resident. We also have Stephen Johnson, Samuel Kelly, owner of the property 5 Butch Klein so the sheriff’s department knows the people, I don’t know because I can’t question Mr. Klein but appear 6 to be non-family members, residents of the mobile home park repeatedly using the property. We have two incidents, 7 November 2, 2010, Christopher Wright who lives at 149 Ford Road, Lot 12 showed up in the report. Same Mr. 8 Christopher Wright, June …. 9 10 David Blankfard: I understand there are people that are on the property but that is not against the law or against the 11 rules. That is allowed. I can have people at my house. 12 13 Mark Micol: Do we have any of those members say they are members of a club? 14 15 T.C. Morphis: We can subpoena them and find out. At the end of the day, I am not arguing with you, this is certainly 16 your purview. My point is that we are presenting evidence that there is a physical structure that is used repeatedly by 17 people more than what Mr. Klein alleged. It points in a specific direction and the shells shoot straight at my client’s 18 houses and but for their man-made berm and a little topography change, you could go from having thousands of 19 rounds with no injury to shells entering people’s property and that at the end of the day is the evidence we are 20 presenting. 21 22 Jeff Schmitt: The physical structure you are referring to is this berm that has been created? 23 24 T.C. Morphis: There is the berm, the use of the natural topographic drainage, there is a catwalk, there are targets, 25 there are six or seven inch trees that have been cleared, there is a firing range, there is an entrance sui table for an 26 ATV. 27 28 Larry Wright: So let’s just say that we declare all this, what can we do? We are just a Board of Adjustment. 29 30 T.C. Morphis: You are the only people in the county who can do anything about it. The Board of Commissioners can 31 issue new regulations to regulate these uses but until they do and who knows when they will…. 32 33 Larry Wright: But we are independent of them. A member of the BOCC can sit right and we can rule against them 34 and they have no recourse. 35 36 T.C. Morphis: That is exactly my point. Since staff has said they agree with Mr. Klein, staff has said there is no 37 shooting range here. We are not telling you that you need to find the standards and say here is what the setbacks 38 are but you need to determine and we actually have some arguments about what the legal definition of a shooting 39 range is and at the appropriate time I will be happy to present that to the board but we believe this constitutes a 40 shooting range. I can go into that or wait for my closing arguments. 41 42 Michael Harvey: I would like to respectively disagree with Mr. Morphis ’ point. We have said there is no non-profit 43 recreational facility as defined by the UDO. That is the only point in the UDO where the t erm shooting range is 44 referenced. 45 46 T.C. Morphis: Could you say that again Mr. Harvey? 47 48 Michael Harvey: The only component the UDO references a shooting range is under a non -profit recreational facility 49 or for profit recreation facility. 50