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APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 20 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 /> <br />Nick Herman: No. <br /> <br />Rob Maitland: I have one other question about the Noise Impact Study Report. Nick, do you have any objections to him <br />asking questions about the sound. <br /> <br />Nick Herman: No, it is up to the chair. <br /> <br />Jeffrey Schmitt: No. Why don’t you go ahead and ask the other questions about the sounds. <br /> <br />Rob Maitland: The applicant has the burden of proof that this facility will maintain or enhance the value of the property <br />surrounding it. Did you engage Vic Night to do that Impact Study or who hired him? <br /> <br />Tony Whitaker: Mr. Lonsway hired Vic Knight. <br /> <br />Rob Maitland: Have you done projects with Mr. Knight before? <br /> <br />Tony Whitaker: Yes. <br /> <br />Rob Maitland: How many times? <br /> <br />Tony Whitaker: It depends on what you mean by “done projects”. We have collaborated on projects before probably less <br />than one half dozen times. He has also been a client of mine as a member of the development group he was a part of. That <br />development group hired me for a project some years ago. <br /> <br />Rob Maitland: It is not unusual for you to work Mr. Knight on this type of project? <br /> <br />Tony Whitaker: I have a comfort level with his knowledge and it is not unusual at all for us to work together. <br /> <br />Rob Maitland: That is all the questions I have on the sound. <br /> <br />Jeffrey Schmitt: What I would prefer would be for you to get the questions that this gentleman has? <br /> <br />Michael Harvey: Staff has a comment to remind the board and the audience of something. You are here at a public hearing <br />to review an application submitted on the December 3, 2009. All references to a previous public hearing or a previously <br />submitted application are not germane to this public hearing. What that also means is that any testimony, public comment or <br />concerns raised at previous public hearings have no bearing on this case unless they are brought forward here tonight. <br /> <br />Jeffrey Schmitt: Thank you. <br /> <br />John Roberts: It is for the board to determine if what they have heard is material. <br /> <br />Rob Maitland: Regarding the building design for sound, are those plans set in stone or they can be changed? <br /> <br />Tony Whitaker: They can be changed to some degree. <br /> <br />Rob Maitland: What would motivate you make the change, why type of feedback? <br /> <br />Tony Whitaker: I can think of two things that would cause us to make a change. One might be any condition that might <br />imposed as part of the Special Permit approval might be something that we do change the building or add something or take <br />something away from the building. Any change the building code officials might require as we prepare construction drawings <br />and submit those to building permit, any change the Animal Control Services or department might require any changes the <br />health department might require, regulatory requirements in general. <br />