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15 Draft
<br /> 1 Jeff Scott: Well, and that maybe is the question to you is your attorney's not here tonight, but I don't think
<br /> 2 we can really ask like what would you bring if we could enter, because I don't think we can
<br /> 3 ask that.
<br /> 4
<br /> 5 Beth Bronson: Counsel would advise not to.
<br /> 6
<br /> 7 Jeff Scott: Yes, exactly, I know, but it's like what you know, the, what do we have to review tonight? We
<br /> 8 don't have anything beyond, you know.
<br /> 9
<br /> 10 Leon Meyers: This is probably a good time for me to suggest that the letters from Ms. Stracke's attorney and
<br /> 11 for Mr. Hornik in response be entered in the record.
<br /> 12
<br /> 13 Cy Stober: Yes, sir, I'll provide copies of all, and we have additional copies for anyone.
<br /> 14
<br /> 15 Leon Meyers: I know. Board members have copies of those letters by email.
<br /> 16
<br /> 17 Cy Stober: We have hard copies of all, and they'll be entered into the record. We have additional copies
<br /> 18 for any member of the public in attendance who would like to review them.
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<br /> 20 Leon Meyers: All right.
<br /> 21
<br /> 22 Kyle Myers: Could I ask a question, Leon? So the complication here, like Jeff said, is that this is obviously
<br /> 23 complicated, right, and because this particular application still doesn't have an interest in the
<br /> 24 actual property, my question is, if there was no road to the property, if the easement was not
<br /> 25 in existence, would that change the applicant legally from a farm use to some other use? 1
<br /> 26 guess I don't, I haven't been able to hear the full, the staff summary of all of this, and so 1
<br /> 27 struggle a little bit with the farm use being acceptable use and, if the road wasn't available,
<br /> 28 they couldn't go to it, right? So, there is an agreement in place to go to it and travel on it that
<br /> 29 they're all party to, and so I recognize it's not an interest on the property, but it is the only
<br /> 30 access to the property, which makes it a property to begin with.
<br /> 31
<br /> 32 Cy Stober: Mr. Chair, if I may?
<br /> 33
<br /> 34 Leon Meyers: Yes, two separate points that you're making there. One is related to the existing farm use,
<br /> 35 which I would just say, in my opinion, it is not the subject of this evening's hearing. What we're
<br /> 36 talking about is a special-use permit, which is a different animal, and on the road, so maybe
<br /> 37 that's what about you were to address?
<br /> 38
<br /> 39 Cy Stober: I was just going to clarify for the Board and the public that regarding the farm status and
<br /> 40 access to the property, 160D-903A prohibits the application of all zoning regulations, so
<br /> 41 access to the property was never reviewed by the county.
<br /> 42
<br /> 43 Leon Meyers: And then do, I want to be sure I understand your question.
<br /> 44
<br /> 45 Cy Stober: Further clarifications for Chair, my apologies. With regard to the farm use, with regard to this
<br /> 46 application, it was reviewed.
<br /> 47
<br /> 48 Leon Meyers: Yes.
<br /> 49
<br /> 50 Kyle Myers: Okay, that was my question.
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