Orange County NC Website
Approved 12/12/16 <br />OC Board of Adjustment – 10/10/16 Page 111 of 113 <br /> <br /> <br />James Bryan: It is quite malleable. But it is in the statute that you guys have the ability to stay a permit. I 1 <br />couldn’t find much case law and I don’t know how often it’s done but I believe that this Board does have the 2 <br />authority. 3 <br /> 4 <br />Karen Barrows: Ok. 5 <br />Barry Katz: Do we want to consider that? B? How do you feel about it? 6 <br /> 7 <br />Susan Halkiotis: It seems to go hand in hand with the first one, to me. You’re sending it back for a decision, 8 <br />and the decision could be changed, which would invalidate the first one. Is that correct? 9 <br /> 10 <br />Barry Katz: Will this be going back to you? 11 <br /> 12 <br />Michael Harvey: I can’t speak sir. 13 <br /> 14 <br />Barry Katz: Oh, ok. I’m sorry. James, who would be reviewing this? 15 <br /> 16 <br />James Bryan: So if you guys go for 2 and you reverse, the Planning Director or his designee. His designee 17 <br />is Michael. 18 <br /> 19 <br />Barry Katz: And do you know what the timeframe is on the reconsideration of this? 20 <br /> 21 <br />James Bryan: So there isn’t anything in the UDO for this because what normally happens is it’s all 22 <br />applicant driven. So I want to build something so I apply for several permits at the same time. Septic, 23 <br />building permit, and a zoning compliance permit. The building inspector then says, “ok, show me your 24 <br />zoning compliance permit” so it’s all the applicant driving everything. I don’t know if there’s any policy that 25 <br />they have to turn it over in a certain amount of time. 26 <br /> 27 <br />Barry Katz: I would hope they would be expeditious in this, to resolve this and get it to the next level. Ok so 28 <br />the motion is that we adopt number 2 in the ruling; that we reverse the decision. Both in a and b. 29 <br /> 30 <br />James Bryan: Ok, so it can’t be verbatim because there’s a month, day and year. You can cut off that first 3 31 <br />words so it just starts, “the current planning service provider made a decision that.. “ and then verbatim. 32 <br /> 33 <br />Barry Katz: So you want us to read this? 34 <br /> 35 <br />James Bryan: No. 36 <br /> 37 <br />Barry Katz: As long as we cut off “on month, day, year” and start with the current planning. 38 <br /> 39 <br />James Bryan: Yes. 40 <br /> 41 <br />Barry Katz: Ok that would be the move. 42 <br /> 43 <br />James Bryan: And have you guys voted on the findings of fact? I’m sorry I can’t remember. 44 <br /> 45 <br />Susan Halkiotis: Well we called them out. 46 <br /> 47 <br />James Bryan: And that’s fine. But we just need a vote on the findings of the fact. And I could repeat the 48 <br />numbers I’ve got if you want. 49