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55 <br />subject. In this case it would not be considered as `competent' evidence and would be <br />inadmissible. <br />ii. Substantial evidence: evidence that which a `reasonable mind' would regard as <br />sufficiently supporting a specific result. <br />Would this persuade the average person to make a certain conclusion? Does it do more <br />than speculate? <br />iii. Material evidence: evidence that is relevant to the issue being considered. <br />For example if a board is reviewing an application for a kennel (i.e. a place where <br />dogs /cats are housed and cared for a period of time) an individual who is opposed may <br />submit documentation denoting noise complaints from other kennels throughout Orange <br />County. This could be construed as `material evidence'. <br />Documentation denoting animals have died in kennels throughout the county and, as a <br />result, this specific application should be denied is not relevant to the case at hand as it <br />has no specific relationship to what is being proposed. This would be deemed immaterial <br />evidence and would not be admissible. <br />As a general rule, anyone with knowledgeable information (i.e. relevant) to the case may provide factual <br />information, but only experts may provide opinion testimony. <br />Even expert testimony must be competent (i.e. the expert has qualifications relevant to the issue) and <br />material before the decision - making board can rely on it. <br />Hearsay evidence is testimony that the witness does not know of his or her own personal knowledge, <br />including that which someone else told the witness and the use or introduction of signed petitions and <br />letters. <br />The board may only hear testimony that focuses on the applicable standards and criteria established in <br />the UDO. Unless they are a qualified expert, Witnesses are not competent to testify about the impact of <br />a proposed land use on the value of nearby property, the danger to public safety resulting from increases <br />in traffic or other matters that require special training or expertise like the level of noise that will be <br />generated. <br />13. Cos: contitions be imposed on a SUP? <br />Generally, the board hearing the application may attach conditions to the approval of an SUP as it relates <br />to compliance with applicable standards. For example, a condition may require the applicant to increase <br />the size of a required setback or land use buffer in order to ensure the project complies with that specific <br />standard as detailed within the UDO. The Board cannot impose conditions addressing an issue not <br />related to an existing standard such as establishing hours of operation, color of buildings, etc. <br />Conditions cannot require the applicant to take action with regard to a piece of property that is not a part <br />of the application being considered, and conditions cannot require the alteration of a special use permit <br />previously issued to a third party. <br />14. Is there a record of the proceedings? <br />Complete records must be kept of the hearings. Detailed minutes must be kept noting the identity of <br />witnesses and giving a complete summary of their testimony. Any exhibits presented are retained by the <br />board and become a part of the file on that case. An audio recording of the hearing is also made. <br />15. How are parties notified of the decision? <br />The board rendering a decision on the application is required to make a formal decision on the <br />application (i.e, approve or deny) in writing and shall be based on the determination of facts and their <br />application to the specific standards for the particular use and the general standards contained in the <br />