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Approved 811312018 1 Patrick Byker asked that all the exhibits relied upon or referred to by the witnesses including the staff report that 2 Michael Harvey has just described along with all the attachments be moved into evidence and that judicial notice be 3 taken in terms of the contents of the Unified Development Ordinance , the Comprehensive Plan , and all other official 4 plans . Patrick Byker presented the resume of expert witness , Chad Huffine , marked as Exhibit A , and requested that it 5 be entered into the record to qualify Chad Huffine as an expert witness in this case . Michael Harvey passed out copies 6 of Chad Huffine ' s resume . Patrick Byker said he is representing the property owner, aspiring to relocate the printing 7 business from Durham to Orange County , and he is here to request the variance . He said the board is empowered to 8 vary . Specifically, variance to the side setback requirement listed in Section 3 . 7 of the UDO . He said he would be 9 demonstrating the need is due to the hardship created by the situation . He said the property owner Toby Church would 10 be giving testimony , as well as Chad Huffine , 11 12 Toby Church , who has been sworn in , addressed the board . He pointed out his wife and business parker, Connie 13 Church , is in the back . They have had a printing business nearby in Durham for 6 years . They live in Hillsborough and 14 found this property in Orange County and were excited to move to this location . They have had enormous growth since 15 they started the business in 2005 with just the two of them as employees . They now have 18 employees and 16 interviewed two today . Toby Church said they purchased the property about this time last year. They went through the 17 process of loans and interviewing and finding a builder. They had a verbal agreement with the neighbor regarding the 18 easement when the plans got approved . They started the site work , the foundation and plumbing , and the neighbor 19 decided the Churches cannot use the easement anymore . He said attorneys for both sides started communicating . The 20 neighbor wanted the Churches to curb and gutter the private road , pay $500 a month for use of the easement and 21 reserve the right to retract at any time . We have to have the setback or we ' re in a mess , Church said . We have built this 22 business from the ground up and this and our kids is all we do . 23 24 Karen Barrows asked when did you start construction on this site? Toby Church answered March and it has been at a 25 total standstill for two or three months . 26 27 Randy Herman asked whether the foundation on the ground is in the location approved on the site plan or in the 28 location asked for this evening ? Toby Church answered that it is located in the position indicated on the approved site 29 plan . They had not poured the pad yet, so they can just move it into the setback . 30 31 Barry Katz asked Toby Church did he not have a formal agreement with his neighbor? 32 33 Toby Church answered no , it was a gentleman ' s agreement . He had received emails from his neighbor who owns the 34 private road or driveway . His neighbor had concern about a road maintenance agreement and Toby Church was happy 35 to do that agreement . It seemed that when everything got on the ground , then the neighbor changed his mind . 36 37 Randy Herman asked why is it not possible to redesign the building so that it is thinner so it fits within the existing 38 setback and allows for the required turning radii . 39 40 Toby Church answered it is a prefabricated building . He said he has $250 , 000 of steel on the ground now that cannot 41 be sent back . If he had anticipated this situation , he would have considered tearing down the existing building and 42 starting the build over rather than trying to add another building to the site . 43 44 Chad Huffine , civil engineer, addressed the board . He has been duly sworn . Chad Huffine said they worked on the 45 premise that the building would have access to the side road . He has enjoyed working with staff on this project . A 46 variance would allow for the building to comply with all other portions of the Unified Development Ordinance and would 47 allow the owner to salvage his materials on the ground and would enable them to get under construction immediately . 48 49 Randy Herman asked what difficulty would it cause to redesign the building to .be skinnier. Chad Huffine answered it is 50 a pre- manufactured steel building , a kit . It was made off-site , brought to the site and needs to be put together. There is 5