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John Roberts: If I can address that. This portion of the hearing, the specific purpose, if you <br /> allow Mr. Dickinson to speak, you cannot consider what he says as part of your decision <br /> making. I recommend that he not be permitted. What his position is has been put in the <br /> record by Mr. Harvey, but if you allow him to speak to this subject now, what you are in effect <br /> doing is accepting additional testimony in a quasi-judicial hearing, which could open the <br /> Board's decision up to be overturned in the event of an appeal to Superior Court. <br /> Chair Pelissier: Are they any other questions of staff? Once we close the public hearing, we <br /> can no longer ask any questions of staff. I just want to make sure there are no other <br /> questions. <br /> Commissioner Gordon: I just want to make sure we understood the status of the condition <br /> that staff recommended that Mr. Dickinson would like removed. Is it your contention and do I <br /> understand it that we impose this condition even though he doesn't agree? <br /> Michael Harvey: Yes ma'am. The condition is designed to address a community concern as <br /> well as preserving the integrity of the SUP process without allowing for additional use of the <br /> roadway that was never envisioned in the SUP as originally approved by this Board. And I'm <br /> talking about the Heartwood Special Use Permit. <br /> Commissioner Gordon: So he does not have to agree. There are other situations in which <br /> the person would have to agree, but not this one. <br /> Michael Harvey: Correct. <br /> Commissioner Yuhasz: Do I understand this correctly that if we impose this condition we are <br /> then creating a landlocked parcel? <br /> Michael Harvey: No sir. As articulated and testified during the Quarterly Public Hearing, Mr. <br /> Dickinson is going to be recombining this parcel with a parcel to the east, this camp retreat <br /> center property, which has access on Millhouse Road. It will become one large parcel of <br /> property designed to support and promote the continued operation of a legally permitted camp <br /> retreat center that is operating under the current Class B Special Use Permit issued under the <br /> Orange County Board of Adjustment. <br /> Commissioner Yuhasz: I understand that's the intent, but that won't happen until after this <br /> decision is made. <br /> Michael Harvey: That is also a correct statement. <br /> Commissioner Yuhasz: And what we are doing, just to be clear, we are imposing a condition <br /> not on this property, but on the Special Use Permit that— essentially we are imposing a <br /> condition on the remainder of the lots, not on this lot. <br /> Michael Harvey: What you're essentially doing is caused the existing Special Use Permit to <br /> be modified to remove this lot from the confines and regulatory requirement of that permit. <br /> You are also stipulating that this particular parcel of property, as it currently exists and as it will <br />