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Approved 11/14/2011 <br /> <br />OC Board of Adjustment – 6/13/2011 Page 13 of 44 <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />52 <br />53 <br />54 <br />Tom Brown: Does any board members have any questions for the opposition before we go into rebuttal? <br /> <br />James Carter: I look at the Maple View Agricultural Center and they are referring to the party barn, are they the same place or <br />different places. <br /> <br />David Rooks: The agricultural center is what exists and is permitted right now but it is our understanding that the permit as <br />modified would allow the Nutters to operate the rental of the facility for family reunions, wedding receptions, holiday parties, <br />etc. so when we use the term party barn, we are talking about what the agricultural center could become if the modification to <br />the permit is allowed. Right now, the ag center cannot operate family reunions, wedding receptions and holiday parties. <br /> <br />James Carter: So party barn is your terminology. I noticed a lot of times you have talked about potentials, potentials for <br />parties, alcohol, has anybody been arrested out there or coming from there? <br /> <br />David Rooks: The ag barn was permitted as an agricultural use. When they first observed activities that were inconsistent of <br />the permit is when they brought those activities to the attention of the planning department. The planning department <br />ultimately issued a cease and desist order. So I do not know if any alcohol was consumed. <br /> <br />Allison Nichols: Not at the two events I coordinated. No alcohol was served. <br /> <br />James Carter: Mr. Scott Oglesby mentioned the same thing also about the traffic, noise, alcohol. Again, I keep hearing this <br />but … <br /> <br />David Rooks: If you are adding a wedding reception, in most cases, there is alcohol. A year ago, this past weekend, my wife <br />and I conducted a wedding reception for our daughter, there was alcohol. <br /> <br />James Carter: I also heard concerns about sloping, sounds and also the proximity where she lives. I am getting the <br />impression that there is a party going on every day and every weekend. Is this what I am to understand? <br /> <br />David Rooks: Our point is, right now, there is not but if it is modified, there could be. That is the point. If the permit <br />modification is allowed, there could be a party every night they could book it. You have heard witnesses for the applicant say <br />there is a shortage of party facilities. Here is another party facility. You have heard another witness for the applicant tell you <br />that sounds carry really well out there. That is the same the opponent said. <br /> <br />James Carter: If this is the case, what kind of compromise are you looking for from the Nutters? <br /> <br />David Rooks: I think the witnesses have said they would not object to the occasional function and some agreed upon <br />numbers or limits. What they don’t want is a carte blanche where there can be a party every weekend if the Nutters could <br />book it. <br /> <br />Mark Micol: Mr. Oglesby, can you rank your concerns in order? Is it noise number 1? <br /> <br />Scott Oglesby: Yes. <br /> <br />David Rooks: I think noise is probably the number one concern. Again, to get to your point, I know it is confusing. The <br />events that took place outside the SUP that was issued were the type of events we believe they want to have under the <br />revised SUP and even more so we are saying here we have an example….actually there was another event where they had <br />an outside band, the most recent beforehand that was on the other side of the party barn and it didn’t disturb us at all, we <br />could hear something playing in the background but that is fine. I think we had at least two examples of what could happen if <br />this revised SUP is approved. If we talk, they put the band on the other side, face the speakers away, do we have alcohol, no <br />alcohol, that kind of thing. We have had discussions with the Nutters in meetings where we have proposed specifically those <br />kinds of things, but the actions were the next thing we know after we have that conversation was there is a revised SUP <br />saying that we want to be able to do everything anytime we want to. <br /> <br />Larry Wright: Noise is just the only thing?