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BOA agenda 101016
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BOA agenda 101016
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10/11/2016
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Regular Meeting
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BOA minutes 101016
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inclusive of the UDO. Were the proper forms filed? Yes, that’s actually contained in attachment 2 of your 1 <br />application. Were the fees paid? I will testify, the answer is yes; and in attachment 2 you have a copy of the 2 <br />receipt. Full description of the use? Yes, that’s contained within the attachment 2 of your application 3 <br />package as well as the site plan. Information needed for use standards… where it’s all contained either in 4 <br />the attachment 2 which is the application or site plan, preliminary subdivision plat? There’s no subdivision 5 <br />proposed so none was required. Elevations of all structures project does not involve the erection of a 6 <br />structure, just relocation of a driveway. I will point out to you that both the supplemental information 7 <br />contained on pages 200 thru 240, as well as the site plan does show existing structures that are on the 8 <br />property that have already been permitted. Environmental assessment… 9 <br /> 10 <br />James Bryan: Ok let me go back, there’s some confusion on my part. The elevations of all structures; is 11 <br />that a recommendation out of yes? 12 <br /> 13 <br />Michael Harvey: No, we’re saying it’s not applicable because there’s no structures proposed as part of this 14 <br />requirement but what I have said is that on pages 200 thru 240 there’s information on the structures that 15 <br />have already been approved and constructed on the property as well as on the site plan that’s already been 16 <br />submitted as part of this application requires. 17 <br /> 18 <br />James Bryan: So it could be yes if it were… 19 <br /> 20 <br />Michael Harvey: Correct… I’m making the statement for obvious reasons because I’m trying to be 21 <br />consistent with my script and also say what’s available, yes. 22 <br /> 23 <br />James Bryan: Ok, I just want to be clear to the Board that there’s a difference of opinion here. I am 24 <br />recommending that this is applicable, that the Board has to have a… it was submitted. 25 <br /> 26 <br />Samantha Cabe: Then I have a question for staff. Well, I have a question for the attorney first; when you 27 <br />said that it was submitted do you mean submitted as part of the modification application or submitted either 28 <br />with modification application or with the initial application? 29 <br /> 30 <br />James Bryan: Yes, it’s not clear. I think we’ve got something to hang our hat on either way but, my 31 <br />strongest recommendation is that if it were to be appealed to the Superior Court our firmest ground would 32 <br />be if it was newly submitted. I think if it’s prior information, I think if it’s reasonable that it’s the same 33 <br />information I think we’re on pretty strong grounds there. So I think either one I’m comfortable with. But one 34 <br />is definitely stronger than the other one and there’s no clear direction from the UDO about what it is. 35 <br /> 36 <br />Henry Campen: I would just point out, Madam Chair, *inaudible* got standing to appeal other than us and if 37 <br />it’s staff’s recommendations as are outlined in this narrative are upheld then *inaudible* appeal that issue. 38 <br /> 39 <br />Samantha Cabe: Thank you. 40 <br /> 41 <br />Michael Harvey: Next standard: Environmental assessment per the previsions of sections 6.62 and 6.16.3 42 <br />of the UDO this project is exempt, doesn’t disturb sufficient land area to require environmental assessment. 43 <br />We also base this decision on the environmental impact application that is contained in attachment 2 they 44 <br />submitted. It provided sufficient detail for us to make this finding that it was not applicable. Method of debris 45 <br />disposal: There’s notes in the submitted site plan. The applicant has indicated that obviously, at least to us 46 <br />and as well as the application, that any debris in going to be disposed of in accordance with the Orange 47 <br />County Solid Waste Management Plan, which is the requirement for all permits. Any permit issued allowing 48 <br />land disturbing activity has the same writer and condition; that all debris has to be disposed of in 49 <br />16
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