Draft
<br />10
<br />Leon Meyers: Yeah, not my job either but we're doing the best we can. 1
<br />2
<br />Ron Geib: If standing is special damages, that will affect our property, which is the adjacent property to the 3
<br />proposed variance, so that's the standing I'm trying to establish. 4
<br />5
<br />Leon Meyers: In order to establish special damages, you would need to demonstrate with competent, material, and 6
<br />substantial evidence that if this variance is granted you would suffer a specific damage. 7
<br />8
<br />Ron Geib: So, I have the perspective of it, and first of all, we want to be a good neighbor, and so that being 9
<br />established, we want to try to allow Ms. Barlow to do what she needs to do on that. The problem 10
<br />with Lake Orange in general is there are a lot of exceptions to the 150-foot setback all around that 11
<br />lake, and so there's some people that are right on it, there's some people that are required to be 12
<br />back. We intend to build a house on the adjacent lot, and we don't have a stream, so we're probably 13
<br />not going to get a variance to be any closer to the lake. That being said, we have a house existing 14
<br />already to the left of our property that is inside the 150 feet that blocks the view of the lake of our lot, 15
<br />and now, we're having a proposed house getting put on this side skewed to our property line within 16
<br />that. 17
<br />18
<br />Leon Meyers: Mr. Geib, excuse me for interrupting. What we need to deal with right now is not your direct testimony 19
<br />on the case but evidence that would demonstrate that you would suffer special damages. 20
<br />21
<br />Ron Geib: I don't know what evidence you would need, but it certainly affects the property value of our lot, so 22
<br />the standing is affecting the property value. I have no appraisal or anything that would demonstrate 23
<br />what that is, but like I said, we can express what our perspective is on it. 24
<br />25
<br />Leon Meyers: And the Board is required to consider competent, material, and substantial evidence. So, with all 26
<br />due respect to your opinion on the value, unless you have a background to establish real property 27
<br />values, it doesn't demonstrate special damages. 28
<br />29
<br />Ron Geib: Okay, but your decision will affect the property value of our property, if you grant the variance. So, 30
<br />that is, to us, standing. 31
<br />32
<br />Leon Meyers: Well, right now, that would fall in the category of your opinion, and I certainly respect your opinion. 33
<br />But the county attorney has sent us down a road where we've got to establish special damages using 34
<br />competent, material, and substantial evidence, which is something more than a layperson's opinion. 35
<br />36
<br />Ron Geib: With that being the case, then maybe more time would be requested on our behalf so that we can 37
<br />compile it. We got a notice a week and a half ago, 2 weeks ago, about this hearing, and so not being 38
<br />familiar with the process and needing to have certain things to have standing, we don't have those 39
<br />tonight, but it does affect that. So, I don't want to just let it go if there can be a move to a later date 40
<br />so we can establish those things, then that would be something we would be interested in doing. 41
<br />42
<br />Leon Meyers: That would be up to the Board members. If the Board wants to, and James, correct me if I'm wrong 43
<br />here, I assume the Board has the latitude to move this case to a later meeting. 44
<br />10
|