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Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 2 of 113 scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board 1 chair reserves the right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or 2 unduly repetitious’ and therefore fails to reasonably address the issues before the Board of Adjustment. While it 3 should be noted there is no time limit on the presentation of evidence, the Chair asks that the presentation of 4 evidence be consistent with established policies, rules of procedure, and acceptable levels of decorum to ensure a 5 fair and equitable hearing for all parties. 6 7 AGENDA ITEM 5: A-1-16 – APPEAL OF A DECISION CONCERNING A PARCEL OF PROPERTY LOCATED AT THE 8 INTERSECTION OF MORROW MILL AND MILLIKAN ROADS (PIN: 9729-50-7168) 9 10 In accordance with the provisions of Sections 2.11 and 2.26 of the Orange County Unified Development 11 Ordinance (UDO) the applicants have appealed a decision of the Zoning Officer, as articulated within a May 12 18, 2016 e-mail, related to the processing of a building permit for a parcel of property identified utilizing 13 Orange County Parcel Identification Number (PIN) 9729-50-7168 owned by Southeast Property Group LLC 14 care of Ms. Kara Brewer. 15 16 Specifically the applicants allege staff erred by not requiring zoning approval for said permit. 17 18 Karen Barrows: So we have before us tonight an appeal. We usually have Staff present first. 19 20 James Bryan: Madame Chair, if you don’t mind, can I make a preliminary statement? 21 22 Karen Barrows: You can, sure. 23 24 James Bryan: This is mostly because we have uncommon circumstances here. First, with a full room and 25 also most members of this Board have not had an appeal before them, so I want to go over the general 26 process. So this is a hearing before the Board of Adjustment so it’s open to the public meaning that 27 everyone is welcome to watch. It is also quasi-judicial in nature. Quasi-judicial means that it is like a court 28 of law, there are rules as to what this Board this Board may or may not consider. When there are questions 29 about those rules I’ll try my best to advise the Board so they may act according to the authorities granted to 30 them by statute. This is also an appeal, which is different than most matters before this Board. It may be 31 new to several members of the Board. There may be questions about standing, jurisdiction, sufficiency of 32 evidence, rules of interpretation, methods of establishing the record, and making the ultimate decision to 33 affirm, modify, or reverse Staff’s decision. I’m here to advise the Board and prohibited from giving advice to 34 the public. Full participation in this hearing is limited only to the parties. The parties may include the County, 35 the property owner, and those with special damages. That participation includes making legal arguments, 36 introducing evidence, like calling witnesses and cross-examination. This Board has limited jurisdiction. It 37 may not make advisory opinions but instead is limited to reviewing only the final and finding determinations 38 of Staff. It may not consider appeals after certain time limitations. Evidence is limited as well; it can only be 39 introduced by parties. The Board may only base its decisions on competent material and substantial 40 evidence. The decision will be made by majority vote including findings of fact and followed by the Chair 41 signing a written decision. There has been a sign-in sheet for those wishing to identify as either speakers or 42 parties. Parties will have to demonstrate that they suffer special damages. Speakers may be called by the 43 Board as the Board’s witnesses if the Board decides further testimony on facts in question. If there are no 44 facts in question, as to say they’re only questions of law rather than fact, then the Board will not call any 45 witnesses. 46 47 Karen Barrows: Thanks James. Any questions before we begin? … Ok. 48 49