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OC Board of Adjustment – 6/8/2015 Page 3 of 68 1 AGENDA ITEM 4: PUBLIC CHARGE 2 3 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to 4 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time 5 should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending 6 person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the 7 Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All 8 electronic devices such as cell phones, pagers, and computers should please be turned off or set to 9 silent/vibrate. 10 11 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of 12 local regulations and State law to perform specified functions essential to the County’s planning program. 13 Action(s) taken by the board are based solely on competent, subst antial, and material evidence presented during 14 a previously scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the 15 UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: ‘inco mpetent, 16 irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues before the Board 17 of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks that 18 the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of 19 decorum to ensure a fair and equitable hearing for all parties. 20 21 Larry Wright: I have just been presented with a point of order and that is we are going to have to….we have two 22 alternates here tonight and we are going to have to determine which one is part of the quorum. 23 24 Mark Micol: Samantha will be voting. 25 26 AGENDA ITEM 5: A-1-15 – Class B Special Use Permit application proposing to erect a telecommunication 27 facility at 5022 Kerley Road 28 In accordance with Section(s) 2.7 Special Uses, 5.2.2 Table of Permitted Uses, 5.3.2 Application of Use Standards – 29 Special Uses, and 5.10 Standards for Telecommunication Facilities of the UDO Skyway Towers LLC and T-Mobile have 30 submitted a Class B Special Use Permit application seeking a permit to erect a 129 ft. tall (125 ft. tall tower with a 4 ft. 31 lighting pole at the top for a combined total height of 129 ft.) monopole telecommunication facility (i.e. a 32 telecommunication tower) on a parcel of property located at 5022 Kerley Road, further identified utilizing Orange 33 County Parcel Identification Number (PIN) 0801-15-4533. The parcel, owned by Leah Bergman, is zoned Rural Buffer 34 (RB), is approximately 5.8 acres in area, and is located at the intersection of Mt. Sinai Road (SR 1718) and Kerley 35 Road (SR 1717) near the border with Durham County (hereafter ‘the property’). As detailed within the application, the 36 applicant wishes to erect a telecommunication tower within a 100 foot by 100 foot leased area on the aforementioned 37 parcel. There will be an equipment cabinet at the base of the tower to house equipment for the various communication 38 providers utilizing the tower within a 60 foot by 60 foot fenced compound. A ccess to the facility shall be through a 39 proposed 20 ft. wide access drive off of Mt. Sinai Road. 40 41 Michael Harvey: As this is a quasi-judicial hearing, all parties intending to offer evidence or sworn testimony need to 42 come up front to be sworn. Attorneys representing applicants do not have to be sworn in. 43 44 45