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APPROVED 5/10/2010
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<br />OC Board of Adjustment – 3/8/2010 Page 75 of 86
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<br />and Mrs. Southerlands of the world. I sat in another case like this and I heard AT&T proudly procrying that they had been
<br />plotting against the neighborhood for almost 20 years to get that tower in, wear those people down. What is wrong with the
<br />system? Of course, Mr. Lonsway, whose only evidence today was bought and paid for; there was not one voluntary
<br />testimony for him. I could have packed this whole building full of people. Nobody here with any financial interest, just want
<br />to keep the status quo. Just want to keep the neighbood the way it is. Of course, he has all the incentive in the world
<br />because he is the one that will make all the profit off everyone else. To me, the system, he should have to come here tonight
<br />and you guys should say, okay you have met your burden, and then the Southerlands and all their neighbors should have to
<br />go out and chip in $300, $400 or $500 each to raise some money to pay a guy like me $2,500 for four months of work to be
<br />here, right. That is all they can afford and like an idiot I will do it because I like these people. It is the right thing to do and
<br />you guys need to know the right thing to do. I am going to go down what Mr. Lonsway’s evidence is tonight. Let’s not forget
<br />the burden is on him, not on us. He is the one that has to convince you, if there is any question, he loses. Let him go open
<br />his dog kennel in all the other places he can do it. There is plenty of other places he can do it. There is only place these
<br />people can live. The first thing that how someone can say there is no evidence regarding the negative impact on value. My
<br />God. How much more evidence did you need me to put on. Even I was getting bored of hearing myself. He didn’t meet the
<br />burden; he had Tolley’s testimony that says that the numbers are meaningless, that if you do decide to grant it, be no doubt
<br />that will be appealed. You have got testimony from both an appraiser and your own, you guys have already looked at this
<br />once and you didn’t see the appraisal numbers. The logic doesn’t make sense. How can you possibly measure the impact
<br />of something before it is even built You can cite 35 houses and razzle dazzle them and you do your thing and you hope
<br />nobody pays attention. Got by me two months or three months before I finally sat down with a calculator and started figuring
<br />it out. The two neighborhoods, they barley even relate. One is in a commercial district, almost in another town and the other
<br />one is next to a Wal-Mart and a Home Depot, not a dog kennel. As far as health and safety and welfare, you heard Mr.
<br />Blake testify, there is a big difference. You are sitting on your back porch and maybe you can hear I40 in the distance and
<br />maybe you can hear 540 in the distance but that is a lot different than YAP, YAP, YAP. It is different, it is not the same, and
<br />this issue of a dog barking is annoying. It is the primary purpose of why they call them guard dogs. It is scary, it is not
<br />pleasant, it is hard to ignore. You can, after a while, ignore a train or a car because you know it is going by and leaving. It is
<br />different if you know you are going to have to live for the rest of you life next to 20 barking dogs and you know what, sure it
<br />all looks good on paper, but a lot of what you have to assess is creditability. Here is a man who is pretty flip when I ask him
<br />some questions. He has admitted, he has had how many years tonight and didn’t even know when he bought his own house
<br />and you trust him to build that up to specs or will he cut a few corners on that too. You heard Mr. Whitaker, the most credible
<br />of everybody here tonight say that he was sure that one to two dogs and yeah, I am not sure about Phase II and suddenly
<br />after a break Mr. Lonsway comes up, three dogs, for sure I’ll build Phase II. Greet and meet because they didn’t have time
<br />to check their stories. Look at Tolley. He could have been paid to do a report that full of hot air as the one you have in front
<br />of you. He didn’t but he came here tonight to testify. Mr. Blake, his credentials, he talked to you about the, frankly, I could
<br />barley understand but the one thing he said to me is that this hit home; I have been saying this from the beginning. This
<br />whole application, you want to talk about tricks. My tricks are the law, these tricks are, and they keep referring to this as 4.6
<br />or almost 5 acres. That is a bunch of bologna. This is 2.6 acres we are talking about that is usable. If that house wasn’t
<br />built right now and someone was looking to build a house on it today, it would be almost impossible to get the thing built. It
<br />would be so many regulations and some many on this guy. You talk about adding on 4,800 square feet on to an existing
<br />home with a septic system that was built originally, because they wanted to build a mother-in-law house in the back and they
<br />couldn’t get that permit. That is why that is sitting out there. You heart Joan Austin, our trick, you know the material fact.
<br />The law that requires any realtor discloses a material fact. You also heard Vic Knight say that he couldn’t think of one
<br />possible reason that there would be a negative on this. If so, why have we been here for seven hours? That is ridiculous.
<br />Rule one you never say that. My witnesses were honest and they weighed both sides and they said, yep, that is good, what
<br />about this, this and this. They didn’t come in here and try to stone wall you. I am sorry but anybody who wants to use
<br />common sense, you can’t tell me that right now, sitting on the Southerland’s front porch, looking at this so called dilapidated
<br />barn that somehow their life is going to be better looking into a parking lot with five spaces and a handicap sign and all the
<br />other signage required, trucks moving in and out and all the other things you heard Mr. Blake testify to. That is common
<br />sense to me. Three prongs, health, safety and welfare. To me, we win on that but you know Mr. Herman is right, you don’t
<br />really know until he finally does it and by then it is too late. Because let’s ask that question, what happens after this thing
<br />gets built and it doesn’t comply. These neighbors are committed to having to call the sheriff and doing all this and everybody
<br />coming out and inspecting and all the while Lonsway is making his money, right. Is that a fair burden to put on that,
<br />particularly when there is plenty of suitable other, they are giving a way commercial space now. One thing I want to point out
<br />and this was a bit of a trick. I asked each one of them how many neighbors they had talked to. The only one who talked to a
<br />neighbor was Lonsway and he talked to the Southerlands once. Nobody talked to their neighbors then the come in and
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