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2 30 <br /> 1 Michael Harvey said the statute no longer permits this. He assumes this is because <br /> 2 people found it difficult to prove no reasonable use of the property. He said applicants now <br /> 3 simply have to claim that the desired use is being impeded. <br /> 4 Commissioner Gordon referred to item 10.3 C. <br /> 5 Michael Harvey said this is direct language from the state law. <br /> 6 Commissioner Gordon referred to page 10, and conditions of approval. She said the <br /> 7 public health safety and general welfare language has been eliminated. <br /> 8 Michael Harvey said that language has been removed from the statute. <br /> 9 Commissioner Gordon asked if this means the public safety and general welfare could <br /> 10 then be not protected. <br /> 11 Michael Harvey said he would not go that far. He said the rationalization could no longer <br /> 12 be used to justify the imposition of the condition. <br /> 13 Tony Blake asked if this state law applies to existing matters. <br /> 14 Michael Harvey said thankfully there are no cases before the Board that pre-date this. <br /> 15 He said if there were, this rule would apply. He said there is no grandfathering with this session <br /> 16 law. <br /> 17 Commissioner Price asked if a person could reapply if they had been previously been <br /> 18 denied a special use permit on a 2-3 vote. <br /> 19 Michael Harvey said the person would have to wait one calendar year. He said there <br /> 20 have been no denials in the past year. <br /> 21 Commissioner Dorosin asked what the anticipated impact of this will be. <br /> 22 Michael Harvey said he foresees no major impact; it just changes the nature of the <br /> 23 game. <br /> 24 John Roberts said it is not going to have a substantial impact on Orange County, though <br /> 25 it does substantially change the ordinance and the statute. <br /> 26 Tony Blake asked if this is about the Hwy 751 development. <br /> 27 Michael Harvey said he will not speculate on this. He thinks the changes with respect to <br /> 28 voting were intended to bring this in line with what the County Commissioners are already <br /> 29 doing. <br /> 30 <br /> 31 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to: <br /> 32 <br /> 33 1. Receive the proposed text amendment(s). <br /> 34 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the <br /> 35 proposed amendment. <br /> 36 3. Refer the matter to the Planning Board with a request that a recommendation be returned to <br /> 37 the Board of County Commissioners in time for the January 23, 2014 BOCC regular meeting. <br /> 38 4. Adjourn the public hearing until January 23, 2014 in order to receive and accept the <br /> 39 Planning Board's recommendation and any submitted written comments. <br /> 40 <br /> 41 VOTE: UNANIMOUS <br /> 42 <br />