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Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 100 of 113 1 James Bryan: Yeah, this is very confusing. So you guys are not here as representatives of the Board Of 2 County Commissioners. This is a separate Board, a separate entity so that’s one thing. You’re supposed to 3 be impartial, finders of fact here. The other thing… so the estoppel arguments are kind of complicated. I 4 think that this Board does have some equitable powers. I didn’t do extensive research on equitable powers 5 before coming in here. I didn’t realize… But I believe that this Board does have equitable powers. I think 6 inaudible this Board cannot hear the same matter twice. But, that is very precise. So, a SUP? We’ve got 7 something in the UDO that says you can’t bring it back in 1-year. I would say that that application can never 8 be brought back if there’s no material changed to it, there has to be material change. And our UDO goes 9 one step further; even if there is a material change you can’t do it in 1-year. So I think that equitable powers 10 apply. I could be off on that but I think this Board probably has enough information to realize that this is an 11 appeal of Michael’s decision. This is not the SUP. 12 13 Barry Katz: Right. 14 15 Karen Barrows: Is there a motion to close? 16 17 James Bryan: Madame Chair, and if we can just give a quick summary of the evidence presented? If you 18 want, given the time and if there’s no objection, I think you can just cite the pages 2 and 3 of the cheat 19 sheet and I can give that over to (inaudible). 20 21 Andy Petesch: If I may interject, to also include exhibits SPG exhibits 22,23, and 24? And I believe Ms. 22 Brown had an additional exhibit as well. 23 24 James Bryan: So do I understand that there’s a motion to summarize the evidence as presented in this 25 cheat sheet in addition to exhibit 15? What was number 15? 26 27 LeAnne Brown: 15 is the request to Mr. Harvey to notify us when a decision had been made, in January 28 2016. 29 30 James Bryan: Ok, and what was 22,23,24? 31 32 Andy Petesch: 22 was the approved building permit, 23 was an email by Mike Ortoski, and 24 was Mr. 33 White’s report. 34 35 James Bryan: Yeah. A motion to include all those. 36 37 MOTION made by Barry Katz to include evidence presented in the cheat sheet, exhibit 15 (LeAnne 38 Brown’s),22,23,and 24(Andy Petesch’s). Seconded by Susan Halkiotis. 39 VOTE: Unanimous 40 41 Susan Halkiotis: So how do we proceed? 42 43 James Bryan: So a part of it is that we’ve heard so much and we’re kind of tired. But there’s a number of 44 ways to go about it. You can just have an open deliberation and just talk generally about what you think. 45 That may prompt some questions. Or you can go through the sheet, if you guys are just confident. I know I 46 wouldn’t be but you can just… 47 48