Orange County NC Website
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