Agenda - 02-19-2013 - 5a - Laserfiche WebLink

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26 1 2 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs) 3 4 iii. A motion was made by Commissioner Yuhasz, seconded by Commissioner 5 McKee finding there is sufficient evidence in the record the project complies with 6 Section 5.3.2 (A) (2) (c) of the UDO in that the use is in harmony with the area in 7 which it is to be located and the use is incompliance with the plan for the physical 8 development of the County as embodied in these regulations and in the 9 Comprehensive Plan. This motion is based on competent material and evidence 10 entered into the record of these proceedings, including: bulleted items at the top 11 of page 141 , Attachment 7. 12 13 14 • The application package and project narrative contained within Attachment 1 of the August 27, 15 2012 Quarterly Public Hearing package. 16 • Applicant, engineer, and staff testimony from the August 27, 2012 Quarterly Public Hearing 17 and the October 3, 2012 Planning Board meeting. 18 • The applicants letters, dated September 25, 2012 and October 2, 2012, addressing questions 19 about the project .and 20 • A lack of competent material and substantial evidence entered into the record demonstrating 21 the project's lack of compliance with established standards. 22 If the motion is to find there is insufficient evidence in the record to find the project is in 23 compliance with Section 5.3.2 (A) (2) (c), the Commissioner making the motion will have to 24 specifically denote what is absent and explain what, if any, evidence is in the record disputing 25 the claims of the applicant that they are in compliance with Section 5.3.2 (A)(2) (c). 26 27 Commissioner Gordon: Same statement. There is not enough competent material and 28 substantial evidence to meet the applicant's burden of proof. 29 30 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs) 31 32 7. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to 33 approve the Special Use Permit with the conditions attached as listed within Attachment 6. 34 35 Commissioner Gordon: Mr. Attorney, do I have to make that same statement here? 36 37 John Roberts: You can again make that statement at that point. 38 39 Commissioner Gordon: I don't believe there's enough competent material and substantial 40 evidence in the record to meet the applicant's burden of proof. 41 42 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs) 43 44 45 46 c. Zoning Atlas Amendment — Darrell Chandler Conditional Zoning to REDA- 47 CZ-1 — Public Hearing Closure and Action (No Additional Comments from the Public or 48 Applicant Accepted) 49 50