Orange County NC Website
Browse       Search
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />Approved 3113117 <br />if it's ever timbered. In addition to, we have to still install that landscaping if they timber that area <br />around our facility. <br />James Bryan: If I may... I don't know what Michael requires or what the Unified Development <br />Ordinance requires about whether it's the parcel that's applying for this Special Use Permit and is <br />required to be buffer or if it's their leased area. Whatever the Unified Development Ordinance <br />says, whatever Michael's interpretation of the UDO. However, and so... there is the case law <br />about harmony with the area, and what it says is that if it's in the Unified Development Ordinance <br />it's the prima facia argument you already made that it is sufficient. So if you have this in an area <br />where the BOCC have said an Special Use Permit is possible that's a prima facia case that it is in <br />harmony with the area. So likewise, the BOCC brought in to our Unified Development Ordinance <br />the Type C buffer. That's the prima facia of arguments that it is sufficient. Where that goes, that's <br />Michael's... Whatever the Unified Development Ordinance says has to be addressed. <br />Matt Hughes: So you're saying a way, or the way, to interpret the question of in harmony with the <br />area is because the Unified Development Ordinance allows for the construction of a <br />telecommunication structure within the rural buffer that that means that it would be... because <br />that's a permissible use it would be in harmony with the area? <br />James Bryan: Yeah. <br />Matt Hughes: Ok. <br />Laura Goode: Could I just? Sorry. Could I just add one more thing that I just thought of? Just to <br />say it another way. Say this property didn't have any type of timber on it whatsoever, no natural <br />vegetation. Because we're allowed to build it here with Special Use Permit all we would be <br />required to do is to install this vegetation. So instead of removing the vegetation that's there and <br />installing it immediately we're just going to clear as much space as we need to and leave those <br />trees. Now, what the property owners do with the rest of the land that's not under our lease <br />control, we don't really have control of that. But we would be held to the same standard if they <br />remove that vegetation. We would still have to include that Type C buffer around the perimeter of <br />the facility, which we have an easement for and we would do immediately, if that ever happens. <br />So we would be meeting the standards, regardless of anything that happens to the rest of the <br />property. <br />Samantha Cabe: Mr. Harvey, do you have anything to add before we close? <br />Michael Harvey: No. I sit at the pleasure of the Board. <br />Samantha Cabe: Alright. Any other questions before we close the hearing and go into <br />deliberation? <br />Matt Hughes: I have one more question for James. I'm just reading the standards. Could you job <br />my memory what public necessity means? <br />James Bryan: I don't know what public necessity means. <br />Matt Hughes: Or Michael if you... <br />Michael Harvey: Well, what I will you it's my humble opinion this is not a public necessity. <br />OC Board of Adjustment — 12/12/16 <br />Page 137 of 156 <br />