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Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 71 of 113 normally have to get something in writing to the Board about what we looked at and decisions we’re going 1 to make. Usually we have to do this on the fly so we tried to work it out as much as we could. It wasn't all 2 that I hope for. I had hoped that we would have had the findings of fact worked out between all the 3 attorneys but because more of it’s being presented tonight it just didn't work out that way. So if you don't 4 mind, and I think this is going to help Andy with his thing, I'll go ahead and just explain what I’ve done here. 5 So I call it a deliberation cheat sheet and just so you know that this is just something that your attorney is 6 providing for you. It is not necessarily an argument for one way or the other. On the cover it explains what 7 the different pages are and it's got a few notes of general rules to consider. The next page is the summary 8 of evidence presented and this includes two items, 5 C and D, those come straight from the attorneys and I 9 asked them, I said “Look I know that stuff put in their abstract, what did you all put in?” so this is what they 10 presented. At the close of testimony by our rules the chair is supposed to read the summary of evidence 11 and then give the other parties an opportunity to amend or correct that. Then the next page indicates that 12 that's when we would close the hearing and enter into deliberations. I reprinted the question presented. 13 That's really just a reminder what's at issue here. And then I’ve got the three questions for jurisdiction. The 14 questions of standing, final determination, (inaudible). And then the next page is the findings of fact and 15 conclusions of law. This is what I really hoped that it would get a page or so. The two attorney’s agreeing 16 that this is what we need them to decide one way or another. Normally if you’ve got an SUP permit it would 17 be that the property value increased or the property value decreased and it’s very clear. You need that 18 finding of fact. Here, this is actually what I wrote: three undisputed findings of fact that I would say is the 19 bare minimum that the Board would have to have. The attorney’s may have their own proposed findings of 20 fact that they offer. If not the Board will have to come up with the facts that they believe are necessary in 21 order to make whatever decision they have. And the last page is that decision’s the ruling and you’ve got 22 three options: Either affirm, reverse, or modify. And this is some of the proposed wording for that. The 23 reversal incorporates the appellant’s request for a stay and things of that nature. 24 25 Karen Barrows: Thank you for your work James Bryan. 26 27 Leann Brown: Ms. Burrows, I can answer your question now. First of all at the tail end of the last meeting 28 Mr. Petesch entered into evidence certain documents that carry different exhibit numbers so we need to be 29 sure that the record reflects that those numbers are not the numbers of the exhibits as he has offered them 30 today, unless you use this set as opposed to that set so we're not confused. Second, with regard to the 31 exhibits that have been offered we object to exhibits 10 through 21, exhibit 11 and 12 are excerpts from 32 Orange County's comprehensive plan. I certainly think that the Board is entitled to review the County's 33 comprehensive plan if that has relevance, which you would receive that in a different way and you should 34 be able to receive that as you wish, but Mr. Owens is a treatise. I do not have an objection to you reading 35 his Treatise but it is not technically an exhibit. It's not evidence. It's legal authority. The other exhibits that 36 are offered are a combination of things that have been printed from the internet which have no probative 37 value to any of the facts and evidence before you nor are they, in my opinion, documents that would be on 38 legal authorities and so I would ask that you not consider those and exhibit 17 is instead of giving you a 39 statute it's sort of a chart excerpt from the statute and while we can all make legal argument to you, and I'm 40 sure we will, that again it's not an evidentiary exhibit so for the record I object to those exhibits so. And 41 again I recognize that you are not working under the strict rules of evidence and a quasi-judicial setting but 42 in order to preserve these objections and any subsequent proceeding I wanted to make them now. 43 44 Karen Barrows: What’s the Board feeling? We consider the objections inaudible. 45 46 Craig Benedict: Excuse me, I’m just trying to make sure that everybody can hear so please speak up to the 47 microphone because the back of the room can’t hear it that well. I’ll try to adjust this without getting 48 feedback. 49