BOA agenda 110915 - Laserfiche WebLink

Browse Search

Ilt 6. Local residents were notified of the required neighborhood information meeting and the public hearing consistent with the requirements of the UDO. Please refer to Attachment 3 for additional information. 7. Review of SUP applications are carried out in a quasi-judicial format meaning that decisions relating to the approval or denial of an application are based solely on the sworn testimony of all parties involved with the case, both those for and against an application, as well as the review of the competent material and substantial evidence submitted into evidence during the public hearing. 8. The applicant has the burden of establishing, by the submission of competent material and substantial evidence, the existence of facts and conditions that demonstrate the projects compliance with the various requirements and standards detailed within the UDO. Those opposing approval of the application shall have the burden of establishing, also through the submission of competent material and substantial evidence, the specific manner in which the proposal does not satisfy the requirements for approval of the application. 9. As previously indicated the Board of Adjustment shall render a decision only on the sworn testimony of all parties and on the competent material and substantial evidence submitted during the hearing relating to the approval or denial of the application. 10. Per Section 2.25.4 of the UDO every decision of the Board of Adjustment shall be subject to review at the request of any aggrieved party by the Superior Court by proceedings in the nature of certiorari. Appeals have to be submitted with the Superior Court within 30 days of the availability of notice of decision as detailed within 2.12.5 of the UDO. 11. If approved, staff is recommending the imposition of several conditions as detailed within Attachment 5. 12. Please note if this project is approved by the Board, this approval does not exempt the applicant from securing all applicable permits authorizing land disturbing activities to commence including, but not limited to: • An Erosion Control /Stormwater permit, • A permit from the Orange County Health Department approving a proposed septic system /well for the project, • A Building permit including review and approval of the plans by the County Fire Marshal, • A Solid Waste Management permit, • A Zoning Compliance Permit, • Etc. All the approval of the SUP does is indicate the proposed land use is permitted to be developed. If the applicant cannot secure required permits authorizing the physical development of the project, as detailed herein, the SUP may expire.