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Agenda - 09-08-2015 - C2
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Agenda - 09-08-2015 - C2
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8/31/2015 10:33:29 AM
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8/31/2015 10:18:53 AM
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BOCC
Date
9/8/2015
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C.2
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Minutes 09-08-2015
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\Board of County Commissioners\Minutes - Approved\2010's\2015
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56 <br /> (1) Written notice shall be sent by certified mail to all adjacent property owners 44G4 thou 1 ti da-y at least ten days but not more than 25 days 3 before the <br /> hearing date. Adjacent property owners are those whose property lies within five <br /> hundred feet of the affected property and whose names and addresses are <br /> currently listed in the Orange County tax records.za <br /> (2) The Planning Director shall post on the affected property a notice of the public <br /> hearing at least ten days but not more than 25 days 5 prior to the date of said <br /> hearing.26 <br /> 7 Notice Requirements for Class B Special Use Permits <br /> Notice Requirements for Class B Special Use Permits shall follow the procedures in Se on <br /> . 2.6. <br /> 2.7.8 Nature Proceedings <br /> (A) The view of Special Use Permit applications shall be conducted ring a public hearing <br /> by the cision-making board. <br /> (B) The review a Special Use Permit application is a quasi-j icial process, where the <br /> Board responsi for rendering a decision acts much Iii a panel of judges. The Board <br /> hears factual evide e and sworn testimony present e at an evidentiary hearing, and <br /> then makes findings o act supported by compete , substantial, and material evidence. <br /> (C) The chair or presiding offic of the hearing sh swear all parties intending to present <br /> evidence or testimony during a hearing. <br /> (D) The chair or presiding officer may a atever action is necessary to limit testimony to <br /> the presentation of new factual evid e that is material to the application, to ensure fair <br /> and orderly proceedings, and to erwis romote the efficient and effective gathering of <br /> evidence. Such actions may in ude: <br /> (1) Barring the prese tion of obvious hear evidence, <br /> (2) Barring the pr entation of non-expert opinio <br /> (3) Interrupti digressions into immaterial testimony, <br /> (4) Inter r ting repetitive testimony, <br /> (5) asonably limiting the time allotted each witness or cross- amination, <br /> (6) Providing for the selection of spokespersons to represent group f persons with <br /> common interests, <br /> (7) Interrupting personal attacks, and/or <br /> (8) Ordering an end to disorderly conduct. <br /> (E) Where the Board finds compliance with the general standards, specific rules governing <br /> the specific use, and that the use complies with all required regulations and standards, <br /> 23 Language modification is being suggested to be consistent with Statutes and to ensure the outer limit of 25 days <br /> is not inadvertently missed. <br /> 24 Staff notes that State Statutes require that abutting property owners receive mailed notification. Orange County <br /> chooses to extend mailed notification to property owners within 500 feet of the affected parcel and also requires <br /> certified mail (Statutes do not require notices be mailed via Certified Mail). It is worth noting that at times in the <br /> past,staff has received comments from residents about the hassle of having to pick up a letter at the post office if <br /> they were not home at the time of delivery attempt. <br /> 25 Language modification is being suggested to be consistent with Statutes and to ensure the outer limit of 25 days <br /> is not inadvertently missed. <br /> 26 C(1) and (2)are currently(C) and (D) but have been indented one level to flow better in this subsection,given <br /> the proposed additions. <br />
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