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Approved 8/9/2021 <br /> 1 there is a conflict like this the text should be followed. Which answers the question, the way Mr. Harvey answered the <br /> 2 question is that the text ruled over the language in the table. Mr. Hornik read from a case Yancey vs. Hefner from 1966 <br /> 3 regarding ordinances. Stated he doesn't believe there is any ambiguity in this language. If ambiguity is found, it must be <br /> 4 favor of his clients. His clients have explored the option of moving the road to an alternative location, however due to <br /> 5 stream buffers and special issues it would not work. Reminded the board that the area where the road will go is mostly <br /> 6 vegetated along that common boundary line and will remain. Stated that Mr. Harvey applied what the UDO indicated to <br /> 7 do when there is a question. Mr. Harvey interpreted the way the ordinance is supposed to be interpreted. Stated that his <br /> 8 clients have been at this application for 2 years, they have gotten approvals as designed. They will be substantially <br /> 9 harmed if you reverse Mr. Harvey's decision. Stated that is requires the application of common sense, read what the <br /> 10 ordinance states and upholds Mr. Harvey's decision. <br /> 11 <br /> 12 Leon Meyers: Asked if there were questions for Mr. Hornik <br /> 13 <br /> 14 Nathan Robinson: Asked if the dashed lines could be explained on the image submitted on map that shows the horse <br /> 15 property and where the development roadway would be. It is page 25 of your statement of standing. <br /> 16 <br /> 17 Robert Hornik: Stated the white lines are the boundaries of the road right of way <br /> 18 <br /> 19 Nathan Robinson: Asked about the ones that are dashed lines. <br /> 20 <br /> 21 Robert Hornik: Stated that would be the actual path of the gravel road. <br /> 22 <br /> 23 Leon Meyers: Asked what the width of the ride of way <br /> 24 <br /> 25 Phil Koch: Stated 50 feet <br /> 26 <br /> 27 Nathan Robinson: Asked the width of the right of way is 50 feet and width of the road is how much? <br /> 28 <br /> 29 Phil Koch: Answered the width of the road is 18 feet. <br /> 30 <br /> 31 Robert Hornik: Introduced Phil Koch, as the designer of the subdivision. <br /> 32 <br /> 33 Leon Meyers: Asked him to come forward and identify himself. <br /> 34 <br /> 35 Phil Koch is sworn in for testimony. <br /> 36 <br /> 37 Phil Koch: Stated that the roadway is 50 feet wide and the travel way, which is the gravel width, is 18 feet wide. <br /> 38 <br /> 39 Beth Bronson: Asked if that was 50 total or 68 total? <br /> 40 <br /> 41 Phil Koch: Answered that it is 50 total. <br /> 42 <br /> 43 Robert Hornik: Stated that the 18 feet wide is roughly in the middle but within the 50 foot. <br /> 44 <br /> 45 Beth Bronson: Asked how most of that vegetation would stay? <br /> 46 <br /> 47 Phil Koch: Stated that any vegetation that is outside the needed ditchline, which is required for storm drainage, would <br /> 48 remain. You are not required to clear the entire right of way. <br /> 49 <br /> 50 Beth Bronson: Asked that you are required to create a ditch? <br /> 15 <br />