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7 <br /> 1 by Mr. Harvey, but if you allow him to speak to this subject now, what you are in effect doing is <br /> 2 accepting additional testimony in a quasi-judicial hearing, which could open the Board's <br /> 3 decision up to be overturned in the event of an appeal to Superior Court. <br /> 4 <br /> 5 Chair Pelissier: Are they any other questions of staff? Once we close the public hearing, we <br /> 6 can no longer ask any questions of staff. I just want to make sure there are no other questions. <br /> 7 <br /> 8 Commissioner Gordon: I just want to make sure we understood the status of the condition <br /> 9 that staff recommended that Mr. Dickinson would like removed. Is it your contention and do I <br /> 10 understand it that we impose this condition even though he doesn't agree? <br /> 11 <br /> 12 Michael Harvey: Yes ma'am. The condition is designed to address a community concern as <br /> 13 well as preserving the integrity of the SUP process without allowing for additional use of the <br /> 14 roadway that was never envisioned in the SUP as originally approved by this Board. And I'm <br /> 15 talking about the Heartwood Special Use Permit. <br /> 16 <br /> 17 Commissioner Gordon: So he does not have to agree. There are other situations in which <br /> 18 the person would have to agree, but not this one. <br /> 19 <br /> 20 Michael Harvey: Correct. <br /> 21 <br /> 22 Commissioner Yuhasz: Do I understand this correctly that if we impose this condition we are <br /> 23 then creating a landlocked parcel? <br /> 24 <br /> 25 Michael Harvey: No sir. As articulated and testified during the Quarterly Public Hearing, Mr. <br /> 26 Dickinson is going to be recombining this parcel with a parcel to the east, this camp retreat <br /> 27 center property, which has access on Millhouse Road. It will become one large parcel of <br /> 28 property designed to support and promote the continued operation of a legally permitted camp <br /> 29 retreat center that is operating under the current Class B Special Use Permit issued under the <br /> 30 Orange County Board of Adjustment. <br /> 31 <br /> 32 Commissioner Yuhasz: I understand that's the intent, but that won't happen until after this <br /> 33 decision is made. <br /> 34 <br /> 35 Michael Harvey: That is also a correct statement. <br /> 36 <br /> 37 Commissioner Yuhasz: And what we are doing,just to be clear, we are imposing a condition <br /> 38 not on this property, but on the Special Use Permit that—essentially we are imposing a <br /> 39 condition on the remainder of the lots, not on this lot. <br /> 40 <br /> 41 Michael Harvey: What you're essentially doing is caused the existing Special Use Permit to be <br /> 42 modified to remove this lot from the confines and regulatory requirement of that permit. You <br /> 43 are also stipulating that this particular parcel of property, as it currently exists and as it will exist <br /> 44 when recombined with the parcel to the east, will not be allowed to have any drive access onto <br /> 45 Pathway Court. <br /> 46 <br /> 47 Commissioner Yuhasz: I just want to be clear on where we are imposing that condition. 1 <br /> 48 don't know whether, in a general rezoning, we are allowed to impose conditions like that. <br /> 49 <br />