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APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 46 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 />Vic Knight: Once I understood that it is essentially an indoor facility and all of the acoustical improvements were added to it, I <br />can’t say there would be. <br /> <br />Nick Herman: Would your opinion be different, forget the data for a minute because the data is limited to what is out there. <br /> <br />Rob Maitland: Objection. His full report is supposed to be based on the data and the data is wrong. He is just doing his job <br />to tell you what he wants… <br /> <br />Nick Herman: We will argue about that in a little while. Setting aside the data for a moment, which I think we have just been <br />through, it is what you can find out there, in terms of what exists. <br /> <br />Rob Maitland: Objection. If they are going to let him testify without data, then anybody else can come up here. <br /> <br />Nick Herman: Here is my question. There are certain things that have a negative affects on property value, is that a fair <br />statement? <br /> <br />Vic Knight: Yes. <br /> <br />Nick Herman: As a general proposition. For example, is it true that if you a quiet secluded neighborhood, where that is a <br />driving primary amenity for the neighborhood, it drives the market place and you interject into that neighborhood some <br />commercial enterprise that generates a tremendous amount of noise, I want you to assume this, is it likely that additional <br />noise that is interjected into the neighborhood may have an adverse impact on the amenity that drives the market. Is that a <br />fair statement? <br /> <br />Vic Knight: Yes. <br /> <br />Nick Herman: Let’s assume for the moment that the Lonsway facility meant that you are going to have 20 dogs trained <br />outside in, let’s say, a fenced area, all at the same time, with evidence that they would be barking all the time outside. Play <br />outside all day long unless they go inside to eat. Would you suppose there might be a negative impact on surrounding <br />property values? <br /> <br />Vic Knight: I think there would be. <br /> <br />Nick Herman: And would that be because there was a tremendous amount of noise being generated by this particular <br />activity in an otherwise relative quiet neighborhood. Would that be the reason? <br /> <br />Vic Knight: The way you describe it that would be a factor, yes sir. <br /> <br />Nick Herman: Right. Those kinds of concepts about what drives the market are what real estate appraisers thinks about, <br />right? <br /> <br />Vic Knight: Correct. <br /> <br />Nick Herman: And it also fair to say, not rocket science, right? Even people like me can understand that. Is that true that a <br />lot of people understand that? <br /> <br />Vic Knight: I believe plenty of people do. <br /> <br />Nick Herman: What I asked you is there anything that you know about the way this facility is being constructed that contains <br />any kinds of impacts, such as noise or congestion or any other impact you can think about that would have an adverse, <br />negative effect on surrounding properties. Is there anything you can think of? <br /> <br />Vic Knight: The information that you have presented to me, I can’t think of anything that indoor facilities negatively impact <br />traffic or otherwise.