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1 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 2 regulations and State law to perform specified functions essential to the County’s planning program. Action(s) taken 3 by the board are based solely on competent, substantial, and material evidence presented during a previously 4 scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board 5 chair reserves the right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or 6 unduly repetitious’ and therefore fails to reasonably address the issues before the Board of Adjustment. While it 7 should be noted there is no time limit on the presentation of evidence, the Chair asks that the presentation of 8 evidence be consistent with established policies, rules of procedure, and acceptable levels of decorum to ensure a 9 fair and equitable hearing for all parties. 10 11 AGENDA ITEM 5: CONSIDERATION OF AN AMENDMENT TO A CLASS B SPECIAL USE PERMIT 12 APPLICATION 13 14 In accordance with Section(s) 2.7 Special Uses, 5.2.1 Table of Permitted Uses, 5.3.2 Application of Use 15 Standards – Special Uses, and 5.10 Standards for Telecommunication Towers of the UDO, Crown Castle 16 International is requesting the modification of a previously issued Class B Special Use Permit (SUP), 17 allowing for the development of a telecommunication tower, to change vehicular access to same from 18 Landau Drive to Old Oak Place. 19 The parcel subject to this application, currently listed as being owned by Perry Sloan Trustee, is identified 20 utilizing Orange County Parcel Identification Number (PIN) 9883-17-7293, is zoned Rural Residential (R-1) 21 and has frontage along Old Oak Place (SR 2268). There is no physical street address currently assigned to 22 this parcel (hereafter ‘the property’). 23 As detailed within the application, the applicant is proposing to abandon the existing driveway through 24 Landau Drive and create new vehicular access to the existing tower through the identified property with a 25 driveway off of Old Oak Place. 26 27 Michael Harvey swore in the following individuals: 28 29 Jerry Bouche 30 Graham Herring 31 Paul Parker 32 33 Michael Harvey: Before we begin we would to ask the County Attorney, Mr. Bryan, if he has any initial 34 comments before we move forward… I didn’t know if you had something about process before I begin or 35 not. 36 37 James Bryan: So, each time it seems there’s always something a little different and this one is a little 38 different. This is a modification of a SUP, not just a standard SUP. It’s a little unclear what that process is. 39 How we normally do it is we have the submission standards and the standards of evaluation all jumbled 40 together. Both in UDO and in the packets. There is a part of the UDO that says if you’re going to modify a 41 SUP the procedure is to give a new site plan and a narrative of that. It doesn’t say whether that replaces or 42 is in addition to the submittal requirements. There’s different ways that the staff and applicant might 43 encourage you. I’ll try my best to give you my interpretation of what it is… Now you might be able to look at 44 the prior submittal and if it’s the same drawing that’s fine; however, you might have a scenario where the 45 submittal requirements have changed so, if it’s something 20 years ago we didn’t require and now we do 46 they have to show it at some point. That might become an issue. The other part of it is, what exactly are 47 you evaluating? I believe that it’s clear that it’s the same evaluation. This is a SUP for a telecommunication 48 power facility but, there’s a whole bunch of standards that have to apply. They have to meet those today as 49 they met them 20 years ago or whenever. Even though the modification might be small, it might be what 50 4