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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 14 of 123 Geof Gledhill: I would address your attention to Attachment C which is the approved special use permit and 1 particularly Condition 27 and particularly that …. 2 3 Mark Micol: You just said that it was not put in the survey, the trails at the time and that is why it is left off, can 4 you reiterate what you just said. 5 6 Michael Harvey: When we did the GPS assessment walking the trails, a trail did not appear to be open, didn’t 7 appear to be a trail. We didn’t walk it because it looked like it was on private property. If Mr. Buck is attesting 8 that it is a public trail, it doesn’t change the fact from my standpoint, staff’s testimony which is there are three 9 miles of trails. 10 11 Mark Micol: There has always been the contention there has been three miles of trails. In Exhibit 1-B from 12 October 2007, on page 17, it talks about three miles of trails with roughly 2.9 acres which adding these two areas, 13 seven acres, pretty much the same conversation, same thought. 14 15 Geof Gledhill: Our contention is that it is correctly characterized as active because Condition 27-B lists a 16 minimum of seven acres developed for active recreational purposes to include the following and included in that 17 listing are bicycle paths throughout and these trails are available for bicycle use. 18 19 Larry Wright: You are addressing which of your C-1s? 20 21 Geof Gledhill: Mr. Buck has objected to characterization of this as active recreation. Our contention is that it is 22 active recreation because that’s what the special use permit says it is. 23 24 Larry Wright: Is there a rebuttal on that? 25 26 Mark Micol: You are not saying sidewalks are active recreation? 27 28 Michael Harvey: We have not counted sidewalks because sidewalks are technically a separate condition in the 29 SUP. 30 31 Geof Gledhill: Sidewalks are not in these calculations. 32 33 Larry Wright: Do you have any more evidence? 34 35 Michael Buck: I do. I was going to object to others as well. What is the status of C-1-D? 36 37 Larry Wright: Let’s wait. 38 39 Geof Gledhill: I am finished with C-1-D. 40 41 David Rooks: You need to rule on whether it comes in or not? I think this is an explanation of his interpretation 42 and I think he is in entitled to tell you that. 43 44 David Blankfard: That is the definition set up by the special use permit…. 45 46 David Rooks: The applicant can disagree and argue to the contrary. 47 48