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080 <br /> 10 <br /> say we do not think you ought to have it and we <br /> will go before the board and say you do not have to <br /> have it. How does it get evaluated by the staff <br /> when something is so fluid, but yet it is in the <br /> ordinance written in a fairly precise manner? <br /> Mayor Nassif asked the attorney if a subjective <br /> decision may be made on the application of the open <br /> space requirement of the ordinance and who would <br /> evaluate and make the decision . Gledhill responded <br /> that staff makes only a recommendation . He further <br /> noted that it is a standard, but there is a <br /> provision referenced as Section 7.3 which allows <br /> some requirements to not have to be met provided <br /> that the applicant satisfies to the Board that the <br /> purpose behind the requirement has been satisfied <br /> to an equal or greater extent and that requires a <br /> finding on the part of the Board based on the <br /> evidence presented that in fact that is the case. <br /> Mayor Nassif asked the proper time for the <br /> applicant to propose changes to the project. <br /> Gledhill indicated there is no fixed answer to the <br /> qestion because in practice where an applicant <br /> proposes something that varies from the <br /> 1 requirements of the ordinance, that proposal. comes <br /> forward at the application stage and presented at <br /> public hearing . In practice the County has dealt <br /> 1 with those questions at the time it considers the <br /> application . <br /> Commissioner Marshall stated that the Board had <br /> prevously asked that incomplete applications not be <br /> brought before the Board for consideration , however <br /> this does not address or resolve the ability to <br /> requst a waiver of the 100' buffer under the <br /> planned development ordinance. She noted there is <br /> no waiver of the 100' MTC buffer requirement . <br /> Gledhill confirmed this as well as indicated that <br /> floor area ratios end sight distance requirements' <br /> are not waiverable and must be satisfied for <br /> approval of the application . These issues have <br /> been dealt with by the County at the time of <br /> application and reviewed at public hearing. Geoffry <br /> There have been instances recently where <br /> applications have been so incomplete that the board <br /> has directed the staff to reject the application if <br /> there are too many gaps . The idea is that for some <br /> requirements of the ordinance the board might <br /> consider variations which could be dealt with at <br /> the public hearing. <br /> . . . . . . . _ <br />