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Approved 811312018 1 Patrick Byker requested to move into record all evidence referred to and provided by the witnesses including all staff 2 reports and attachments and all testimony into the record . Patrick Byker said he and those who spoke have provided 3 competent material and substantial evidence into the record . The variance would allow the Churches to complete the 4 building . He respectfully asked for the board ' s approval . 5 6 Karen Barrows asked for confirmation that Toby Church found out in March that he could not use the driveway . Michael 7 Harvey answered yes . Karen Barrows said Toby Church had said construction began in March . Michael Harvey said 8 construction began before notification from the neighbor. The design work and grading had been done for the site 9 including for the pad . 10 11 Randy Herman said he had a legal question for Mr. Byker. Randy Herman said that under the requirements for issuing 12 a variance , the first one is that unnecessary hardship would result and it sounds to him that Toby Church gave 13 testimony that it would cost more . That doesn ' t usually constitute a hardship . Patrick Byker said in this case he believes 14 it would because the additional cost would be well into six figures and the wording is reasonable use and it is not 15 reasonable to expect a property owner to spend a quarter of a million dollars either to acquire the driveway or to throw 16 away the manufactured building and buy another. Randy Herman thanked Patrick Byker for his response . He then a 17 variance cannot result from hardship created by actions taken by the applicant . One could make the argument that the 18 owner moving forward with construction without knowing for sure that this access would be granted . He asked for 19 Patrick Byker to respond . 20 21 Patrick Byker said every party here proceeded in good faith . It was an approved site plan that was reviewed for several 22 months by the planning department . Everybody offered in faith and reviewed carefully . There were communications that 23 evidenced ability to access this private roadway . After construction began , that changed . I ' m not here to cast 24 aspersions , he said , but the fact is it changed . Patrick Byker said Toby Church is a printer and not in the real estate 25 business or construction business and he just wants to do his job . While it's regrettable , I think it would be unfortunate 26 to lay that situation at the feet of Mr. Church when he had no reason to disbelieve the information that was in front of 27 him and before the planning department when the site plan was approved , Patrick Byker said . 28 29 Samantha Cabe asked Michael Harvey to comment . 30 31 Michael Harvey said he wanted to reiterate his testimony . He said the planning department moved forward with the site 32 plan with the understanding that the use of the adjacent roadway was agreeable . Had we not had that (an 33 understanding the adjacent roadway along the eastern property line) , we could not have in good consciousness 34 approved that site plan , he said , At a certain point in time , the use of this private road became unavailable . Michael 35 Harvey said he has met with this adjacent property owner who controls this roadway and until there was something 36 officially in writing , these options were exhausted . He and Ms . Church reviewed the list of options and determined that 37 the only way to meet the building code and land use requirements was to seek a variance . Mr . Harvey reminded the 38 Board redevelopment of the property is complicated due to existing topography , utility placement, the location of the 39 existing building , and local and State building code compliance points . 40 41 Samantha Cabe asked if the board has any more questions . 42 43 Michael Harvey reminded the board that staff had prepared a draft script with the regulatory findings . He reviewed what 44 the staff' s findings are . He reminded the board members that they cannot ask more questions after closing the public 45 hearing other than consulting with the board ' s counsel . j 46 47 Michael Harvey reviewed the required findings and supporting evidence : 49 I 5 � I I 7 I