BOA minutes 030810 - Laserfiche WebLink

Browse Search

APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 64 of 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Rob Maitland: Even if somehow you wanted to find that neighborhood and Wal-Mart was somehow comparable to the Lonsway situation, that study wasn’t done properly or completely because it didn’t compare it against another neighborhood without a Wal-Mart. Tom Tolley: Exactly. That is the only way to make that determination and I would just say earlier as far as some other testimony during that time, is if I came to you as one of the board members and said look, I just did an appraisal on your house and your house is going up 3% a year and you live behind some negative impact, whether it was a kennel area or anything else and I tell you that five miles down the road, somebody lives in the same size house built the same year as yours is going up 9%, I believe you would feel like you were being negatively impacted. Rob Maitland: The other neighborhood, the Sunny Acres Pet Resort, and the other neighborhood, Wildwood, Hampton Point and then Sunny Acres impact on ….. Tom Tolley: That was another one with a “w” on it. Michael Harvey: Whispering Pines. Rob Maitland: Is there any data there, in your professional opinion, that in any way help this board makes a decision regarding the Lonsway application for the commercial dog kennel operation? Tom Tolley: No. The fact that there is a kennel there makes it a better selection than the Wal-Mart situation. At the same time, you are talking about a kennel that has been there decades and some of those houses have actually been there a shorter amount of time. Once again, the distance between the two when you are talking a noise issue, not a traffic issue. That is also a factor you need to look at. Is it reasonable to assume that any noise is going to be heard from Sunny Acres in that neighborhood? I don’t think it is reasonable. Obviously these houses are close enough to the kennel to where if there is some noise and that is the subject of debate on the outside use of the dogs is, I think it is more reasonable to assume that these houses are within hearing distance of this kennel. Rob Maitland: Sticking with the Sunny Acres for a second. Even if you wanted to find the data points that are relevant, again, in your professional opinion just like before, that data means nothing unless it is compared to another control group. Tom Tolley: That is correct. You have got to compare it to something similar that is going to give you an idea of whether it is the same, better or worse and actually it was pointed out correctly by Mr. Knight is that you do have to do some sales before the Wal-Mart went in to see just what it was doing. You have to set a baseline and then you would compare the ones after to that but then your comparison can just stop at that. You have got to say, what are other neighborhoods going up? Is this neighborhood going up over here and it is five miles away. Once again, that is another difficult thing to do sometimes. Luckily in this area, we have enough subdivisions that have gone up over periods of years, you probably could go four or five miles away and find a subdivision that would built about the same time with similar size houses and do a study. Rob Maitland: Please, if there was someone on the board with a statistics background, I can get confused real quick on some stuff. Someone asked the question earlier, if you get over the two hurdles we just said, data is not relevant and even if it was it is not being in a control group, if you still wanted to use these numbers, your analysis of the numbers showed what? Tom Tolley: Basically, my analysis showed that if you accept the numbers for what they are and annualize them, the impact would be, after the Wal-Mart came in, the average annualized appreciation would be 3.7%. Before the Wal-Mart went in it was 5.8%. Median on a median basis, it would be 3.35% versus 5.4% so once again, there is appreciation. I don’t think anybody can argue that but once again, I thought of this about yourself, if you were getting less appreciation that you neighbor down the road with the same house then you would not consider that no impact. Rob Maitland: In your professional opinion, based on the numbers, even though we have already talked relevance, even if we wanted to use the numbers, your professional opinion is the numbers show there was in fact a negative impact. Tom Tolley: In my opinion, that would be a negative impact.