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APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 39 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 />Rob Maitland: This is Hampton Point. This is the neighborhood that you studied in your analysis, correct? <br /> <br />Vic Knight: Yes. Actually you have overdrawn the scale it actually does not include those pieces. <br /> <br />Rob Maitland: But this is your primary. All the properties you studied are inside this orange box, right? <br /> <br />Vic Knight: I believe that is right. <br /> <br />Rob Maitland: This is where the Home Depot and the Wal-Mart are. <br /> <br />Vic Knight: Yes. <br /> <br />Rob Maitland: How far of a distance is the Lonsway’s proposed facility to the Southerland’s property? <br /> <br />Vic Knight: I don’t know. <br /> <br />Rob Maitland: I think we heard earlier testified about 100 feet to the storage shed and about 180 feet to Phase 1. <br /> <br />Vic Knight: Whatever Mr. Whitaker said. He would have a better gauge. <br /> <br />Rob Maitland: You studied this because you said it was similar. How far is this railway right of way, that big strip between <br />Wal-Mart and Home Depot and this house? <br /> <br />Vic Knight: The rail right of way, I believe is 120 feet or 125 feet. <br /> <br />Rob Maitland: Maybe 150 which is what I think but we can settle on 125, alright. Right there, the closest that any of these <br />houses could be to this supposed impasse, and we haven’t even started arguing about whether Home Depot and Wal-Mart is <br />the same impact as a dog kennel, which I think we can all pretty much say it is not. My mother-in-law would love to have a <br />Wal-Mart next to her house but this 150 foot easement is about the same distance that we are saying that would be how far <br />the Southerland’s are but the Wal-Mart and Home Depot on this map, where exactly are they located? <br /> <br />Vic Knight: Home Depot would actually be right there. <br /> <br />Rob Maitland: They didn’t let them build the two buildings for the two stores right on the property line, they put it in the <br />middle. To minimize the impact to the existing homeowners so do you have a guess as to how far it is from the Home Depot <br />and Wal-Mart to this yellow line? 80 feet? 10 feet? <br /> <br />Vic Knight: Probably the Home Depot if I take a guess, it might be 50 feet, 40 feet, the setbacks are ….. <br /> <br />Rob Maitland: Before we even get to these homes, we are already farther away than we would be to the Southerland’s <br />house, right? You probably can’t see it on this but I did take the liberty of printing out this information. This is a copy of this <br />same map. This might be helpful for everybody. <br /> <br />Michael Harvey: Are you going to call this Defense Exhibit 3? <br /> <br />Rob Maitland: It is the copy of this so I don’t know if you want to call it 2A or 3? <br /> <br />Michael Harvey: Call it 2A. <br /> <br />Rob Maitland: It is hard to blow it up because of the color on that but basically the houses that you looked at that have been <br />sold after 2004 or 2005 would be, we are measuring the impact of the Home Depot and Wal-Mart, the only ones that have <br />sold are down here on this end. In fact, there is not one house in your study, you looked over a period of 10 or 15 years, <br />maybe 20 but not one house sold on this street, this street or these streets that are the closest and have the most likely