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BOA minutes 061311
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BOA minutes 061311
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BOCC
Date
6/13/2011
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 061311
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2011
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Approved 11/14/2011 <br /> <br />OC Board of Adjustment – 6/13/2011 Page 8 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 />compliant about me using an irrigation pump. It is a five horsepower Honda. There isn’t a time when I turn that on, I try to <br />turn it on so it is not on at dinner. I try not to start at 6:00 AM. I try to put it on at the right time of day, it runs two hours. It <br />pumps up to field. It goes to a headline. It goes down drip irrigation and puts out about four and one half gallons a minute <br />every 1,000 foot a drip. It is a pretty efficient way to water. It is a place you can hear a lot. I was out there Sunday morning, I <br />work every day and a lot of people ask me if they can learn about farming and they come help me for free. I said to this girl <br />yesterday, Trish bikes down the road… don’t say a word for a minute cause you can hear everything they are saying when <br />they ride down the road. Sound really travels there. It is a big open field. I love it there. Everybody that works there is really <br />nice to me. It is an efficient farm. I grow about 70 different vegetables, flowers, we grow sugar snaps, sweet potatoes, about <br />nine varieties of potatoes, lettuce, radishes, turnips, I could name them forever... sunflowers, zinnias. The kids can see how <br />this stuff is grown. I think it is a great idea. Mr. Nutter has been so nice to me. He came to my house to ask me if I wanted to <br />farm there so the kids could see it. I could think of worse things than that place to live next to. Let’s keep it positive. I think it <br />is a great place and hope I can continue farming there. It has been a real pleasure being there. <br /> <br />Tom Brown: Is there anyone else to speak on behalf of the applicant? For those opposed, please come forward. <br /> <br />David Rooks: Mr. Chairman, I am David Rooks. I represent the Maple View2 HOA, the next door neighbor directly adjacent <br />to the center and we will have three witnesses who will summarize the neighborhood’s objection to parts of this application <br />and we will be clear that the neighbors do not object to the ag center, they do not object to the Nutters. There are very <br />specific things they object to and that is why they are here tonight. In order, we will have Meredith Berry, David Pearsall and <br />Scott Oglesby. <br /> <br />Meredith Berry: I have been sworn in. In a packet we prepared for you, you do have this map. I wanted to add a few things <br />about the neighborhood with a couple of markings we have and just talk a little bit about what makes what we feel makes our <br />situation here in our neighborhood. It starts down here on Dairy Land, comes all the way up here. What we feel like makes <br />this a little bit different than other party barns that have been talked about. I live right here and this is the ag center here and I <br />live approximately about 470 yards from the ag center. Our whole neighborhood, Green Rise neighborhood, is in a fairly <br />unique situation. We are on a hill and it slopes down. This is the crest here. Everything is sloping down to the pond and then <br />towards the farm and especially the ag center. When there have been outdoor parties with large speakers for amplifiers, <br />those are usually set up in the field. The amplifiers are set up and they conduct sound because we can hear them back here <br />and here. There is no one in our neighborhood that has not been able to hear them. It conducts a sound and it comes <br />straight up this way. I have literally been inside my house with doors closed and I can hear amplified bands. I am not talking <br />about the folk singers sitting out on the steps singing. I am talking about when there was a fundraiser or a larger party, there <br />was amplified music. So our problems are our proximity. The sound carries straight up this way. It comes across and it <br />comes up. That is a big huge part of our concern. We have no intention of wanting the ag center to shut down. We love the <br />farming. We supported it from the very get go. We never attended the first hearing for you to approve them to build the ag <br />center because we supported that then and we support it now for their original purpose. We just don’t support the party part <br />of it. I would say from the closest house here, the closest house in our neighborhood is only approximately 175 yards away. <br />The farthest house in our Green Rise neighborhood is right here and that is 530 yards. They can hear, they can hear it, we <br />can hear it, we can all hear it. Part of the problem is, for example, the great dane fundraiser sounds wonderful. I happen to <br />be an animal lover and rescuer. I give much money to animal foundations. Love animals as much as anybody in this room <br />but the issue with an event like that is that those event organizers are there for one day, one afternoon. We are here all the <br />time, every weekend so if we have fundraiser A this weekend and fundraiser B next weekend and fundraiser C and party D <br />next weekend. We are there every weekend. We don’t go away… those are our homes and we bought our homes out on the <br />countryside with no other businesses except for the farm. We love the farm. We are not complaining about the farm. We are <br />complaining about and concerned about this agricultural educational building being turning into a party center that could <br />feasibly be used every weekend for outdoor parties. I believe in the applications, weddings, family reunions, corporate events, <br />holiday parties, that sounds like a lot to me and I think it would sound like to a lot to any of us who live here who would be very <br />much affected. <br /> <br />Scott Oglesby: I am the president of the Maple View2 HOA and I have been sworn in. I live with my wife and three children. <br />As Meredith explained, the meek geography of this area because it rises above and the affect of the ponds where sound <br />reflects off the pond through that particular area, puts us in a very unique position. We don’t have any objection to farm noise. <br />That is part of the reason we moved out here. The smell of manure in the morning, the sound of traffic in the distance. We <br />accept that and some of us did grow up on farms so we were not totally naive to it. It is a matter of degree. I think that is part
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