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APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 12 of 86 <br />1 2 3 <br />4 <br />5 6 7 <br />8 <br />9 10 11 <br />12 <br />13 14 15 <br />16 <br />17 18 19 <br />20 <br />21 22 23 <br />24 <br />25 26 <br />27 <br />28 <br />29 30 <br />31 <br />32 <br />33 34 <br />35 <br />36 <br />37 38 <br />39 <br />40 <br />41 42 <br />43 <br />44 <br />45 46 <br />47 <br />48 <br />49 50 <br />51 <br />52 <br />53 54 <br />Rob Maitland: It is true that your company was working on behalf of Mr. Lonsway while you were still a member of this <br />board. <br /> <br />Tony Whitaker: Yes. It is true. <br /> <br />Rob Maitland: And you see no conflict with that? <br /> <br />Tony Whitaker: No. I was very careful to make sure there was no conflict. When Mr. Lonsway first came to me, in our initial <br />consultation, I said to him, you know that you will need a Special Use Permit from the Orange County Board of Adjustment. <br />He said fine. And I said you know that I am a sitting member of that board. He said no, I had no idea. So we talked and had <br />an immediate conversation of that and we were very careful to talk about the boundaries that must be observed. <br /> <br />Rob Maitland: If my memory serves me correctly, didn’t you leave the board on the very night that Mr. Lonsway’s application <br />was initially presented? <br /> <br />Tony Whitaker: I didn’t leave the board, my term expired. <br /> <br />Rob Maitland: Your term expired on the very night that his presentation was made to the board? <br /> <br />Tony Whitaker: I believe that is correct. <br /> <br />Rob Maitland: From the perspective of the average person living next to the door kennel, you don’t see how perhaps, it can <br />be interpreted that you being hired before you leave the board and bringing the application on the night you do leave the <br />board isn’t somehow a little convenient. <br /> <br />Tony Whitaker: I completely understand that. People can think all kinds of things. My goal, my requirement was to maintain <br />the proper boundaries between my volunteer service to the county and my professional association. I have made this type of <br />choice my whole career and many people have and do every day and I make good choices and proper choices and yes I do <br />expect that some people could misinterpret that. <br /> <br />Rob Maitland: Can we go back to the first exhibit. <br /> <br />Jeffrey Schmitt: Mr. Maitland, you are representing the folks that live in the house directly to the west of this property? <br /> <br />Rob Maitland: I represent the Southerlands who live in this home. The Southerlands have also engaged the support of their <br />neighbors who are in the surrounding area but as far as the actual petition, I represent the Southerlands. Before we get <br />started, I want to make sure we are all on the same page, no matter how good your plan is or how nice and crafted it is, if Mr. <br />Lonsway cannot meet his burden tonight that this project, however nice it may be will not negatively impact the value of the <br />Southerlands. This board, and you are the former chairman, cannot approve his request for a permit? <br /> <br />Tony Whitaker: That is my understanding. <br /> <br />Nick Herman: I object to that. It is an incorrect statement of the law. The standard in this case is not whether his property <br />would in any way negatively impact other people’s property. <br /> <br />Rob Maitland: The standard is to maintain or enhance, right? <br /> <br />Nick Herman: The value of contiguous property. <br /> <br />Rob Maitland: Maintain or enhance. You mentioned earlier they are going to remove this driveway. Why is that? <br /> <br />Tony Whitaker: First of all it is not a driveway Mr. Lonsway installed; he bought the property with the driveway there. He <br />found it was not necessary for his purposes for one. <br />