BOA minutes 091013 - Laserfiche WebLink

Browse Search

APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 22 of 38 debate we have, the ordinance that applies has exclusions as to what character of the land, and 1 slope, easements, etc. can apply or cannot apply. I wish to show we have these acreage 2 calculations using this map tool that the area shown on the plat is invalid and in order to show that 3 I need to use the Google map and its Plano meter capability to show you here is the acreage that 4 was clean and here is the acreage that has certain characteristics that do not comply with the 5 ordinance. 6 7 David Rooks: Are you contending that the surveyor is incorrect in what he states as the acreage 8 on the plat? 9 10 Michael Buck: No. I am contending that the claim on the plat, that it is active recreation is 11 incorrect. 12 13 David Rooks: That is a characterization that the surveyor put on the plat and your claim is that 14 the zoning administrator should not have accepted that characterization. 15 16 Michael Buck: I guess so but I don’t think that it is a, I would be surprised if the county objects to 17 that because the county has in its own records indicating the claims in the plat are incorrect. 18 19 David Rooks: It is characterized as it is characterized on the plat. If he wishes to put on evidence 20 that it is wrong then I think … 21 22 Larry Wright: Then I will overrule, but we the board, if I am reading Mr. Schmitt correctly, and I 23 agree with him that these are estimates, they are not survey…. 24 25 Michael Buck: Yes. They are estimates. I am going to use the Phase IV tot lot as a control to 26 demonstrate that it is an estimate but a reasonable estimate so the Plano meter shows .292 27 acres of this location. The plat itself also shows .292 acres. This particular location the developer 28 has put on play equipment and other amenities, I will not at this point argue that it cannot be used 29 for the acreage claim in my argumentation phase, I will revisit this. 30 31 Geof Gledhill: Let me be clear. On this document, what are you trying to introduce because it is 32 loaded with characterization. 33 34 Michael Buck: On all the slides I will show you similar to this, I am happy to limit it to the Plano 35 meter calculations, the area shown in green and the acreage that the Plano meter is saying are 36 shown. If we want to ignore the words for the time being, I am happy to do that. The evidence is 37 that the Plano meter tool is saying here is how much acreage is highlighted. 38 39 David Rooks: Which is also what the plat says. 40 41 Michael Buck: in this case yes, but in other cases, that will not be the case. The control will 42 always match the plat but as I said the plat is making claims that are untrue. 43 44 David Blankfard: How did you get your reference point on this Google, how did you select those 45 corners? 46 47 Michael Buck: I am showing this in satellite view with the visual pictures but in this tool, you can 48 turn satellite view off and you can actually see parcel data. I don’t know that source of their GIS 49 data, I presume in some sense it is coming from the county or somewhere else. 50 51