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 />Matt Hughes: Alright. I was just curious. It says unless, I was just... <br />Michael Harvey: A public necessity is a land use that is essential to provide for the public safety <br />and general welfare. It could be argued that a school, in my humble opinion, is a public necessity. <br />We have had a major gas line company argue that it didn't have to provide an impact analysis <br />because it is providing a public necessity as dictated by the state utilities commission. <br />Telecommunication facilities are, in my humble opinion, not a public necessity which is why the <br />applicant was obligated to provide an impact assessment demonstrating this would not have an <br />impact on the value of adjacent property. The unfortunate part of my answer to you is you know it <br />when you see it. And that's ...... <br />Matt Hughes: Thank you. <br />Samantha Cabe: So I don't have a copy of TowerCom's proposed findings. I can share with Barry. <br />know you handed them out but mine was either buried or... <br />James Bryan: Can I give a little bit more on public necessity? I think you need to look to the UDO <br />..... so we don't define it. It is not you know it when you see it. That cannot be your standard. Your <br />standard can be either case law, and I don't know of any, and then the dictionary, just go to the <br />dictionary and say this is what public necessity is. So it's the normal meaning of the words, that's <br />what you're supposed to give it. <br />Samantha Cabe: Thank you. Alright. Any other questions before we close the public hearing. <br />Alright do I have a motion to close the hearing and begin deliberations? <br />Motion made by Barry Katz to close hearing and begin deliberation. Seconded by Matt Hughes. <br />VOTE: Unanimous <br />Samantha Cabe: Alright. This Board will move now into the deliberation phase. Before we get to <br />the standards that are actually in Opposition, TowerCom's proposal and the Opponents Proposal, <br />why don't we go through the general submittal requirements and make a decision on those <br />because I don't believe we've received any objection to the general submittal requirements under <br />the Unified Development Ordinance for section 2 and all of it's subparts, which are reflected on <br />pages 145 and 146. Do we have a motion to adopt the recommendations of Staff as to the <br />general submittal requirements application components and notification components set forth on <br />page 145 and 146 of the Agenda. <br />Motion made by Matt Hughes to adopt the recommendations of Staff as to the general submittal <br />requirements application components and notification components set forth on page 145 and 146 <br />of the Agenda. Seconded by Barry Katz. <br />VOTE: Unanimous <br />Samantha Cabe: And none of those appeared in either of the proposed findings for either party. <br />So getting to page 147 the use specific submittal requirements for telecom facilities. I'm just going <br />to go down. There does not appear to be any conflicting proposals with regard to sections 5.10.8 <br />and all of its subparts.or 5.10.8 and all of its subparts. I just want to make sure I don't have any. <br />James Bryan: And Chair, I think there's one on page 148. <br />OC Board of Adjustment — 12/12/16 Page 138 of 156 <br />