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Approved 9/10/2013 OC Board of Adjustment – 7/8/2013 Page 9 of 82 telecommunication facility as regulated by local regulations be designated as a public necessity and therefore exempt 1 from compliance with this standard. The issue becomes whether or not there is sufficient evidence in the record that 2 either proves or refutes the notion that it will maintain or enhance value of contiguous property. It doesn’t have to do 3 both. It is an either or proposition. You have information in the record; you have testimony this evening from Mr. 4 Dixon and two other real estate agents who refute the claims made by Mr. Smith. It is up to the board to determine 5 whether or not the evidence that has been entered into the record proves compliance or demonstrates the project will 6 not comply. It has always been my feeling and my interpretation that it is the elected officials are the only body that 7 can make that form of determination that all applicants for the special use permit are required to provide that 8 documentation unless directed otherwise by the BOCC. 9 10 Michael Harvey: The question is how the board wishes to proceed. Ms. Kemerait was in the middle of her 11 presentation last month. She had just finished introducing evidence from her witness, Mr. Smith, the appraisal 12 information which you have already pointed out Mr. Chairman; I think it would be appropriate to see if Ms. Kemerait 13 has anything to add to the record and then get to the list of who is signed up to speak. 14 15 Larry Wright: I think that is reasonable. 16 17 Karen Kemerait: I do have additional information to provide briefly and I would also like the opportunity of rebuttal and 18 sum up our case as well. I would like to pass out information about the conservation easement that we spoke about at 19 the last hearing. 20 21 Michael Harvey: We will call this Applicant Exhibit 2. 22 23 Karen Kemerait: I would also like to thank the board for your time and patience because as I mentioned in the last 24 hearing, this is a very important application for AT&T and American Tower and for many of the residences and 25 businesses in Orange County. One of the questions asked of me and American Tower and Mr. and Mrs. Yow, who 26 are here again tonight, was whether Mr. and Mrs. Yow would agree to some type of conservation easement so the 27 trees surrounding the tower site would be protected. At the last hearing, Mr. and Mrs. Yow indicated they would be 28 willing to agree to that but we were not able to provide any specifics. Since the time of the hearing, we have prepared 29 what I have provided you, which is a map showing the area in which trees would be preserved and as condition of 30 approval of the special use permit application assuming the board approves the application, we would agree to provide 31 a conservation easement that would be recorded in Orange County that would be consistent with the information I am 32 going to describe and that is consistent with the map I have provided to you. Basically, that map is showing the tower 33 site along with the trees on Sesame Road which is directly to the west of the tower site. We are proposing a large 34 conservation area that will protect the trees between the tower site and Sesame Road and will also protect the trees 35 located to the north and south of the tower site. The property is not, Mr. and Mrs. Yow do not use this property for tree 36 farming, they use it for cattle farming so they have no interest in removing any trees but this will ensure in case 37 something were to happen and there was a future owner, these trees would be preserved. The conservation 38 easement would be; first, there would be a 30 foot no clearing buffer that would surround the area that would have to 39 be cleared so the tower can be located; secondly, we will provide that the trees and vegetation located within the 40 stream buffer will remain undisturbed and the stream buffer. The stream buffer runs from the north to the south of the 41 property so the entire stream buffer area will be protected. In addition, the vegetation to the northwest and the 42 southwest of the tower site that will be located outside of the 30 foot no clearing buffer and is also located outside the 43 stream buffer, that will be the area marked in red on page C1 of the site plans, also shall not be cleared so the area 44 surrounded in red and including the stream buffer which will run from the north to the south of the property will be 45 protected and part of the conservation easement. 46 47 Also, one of the questions we answered in part but not fully dealt with AT&T’s plans for better coverage in Orange 48 County and at the time we did not have propagation maps that showed that the coverage that AT&T has planned in 49 this area of Orange County and I had stated that a bit more generally that AT&T is planning to make a large 50 investment and commitment in Orange County to help improve telecommunications coverage. Stephen Howard can 51