Orange County NC Website
DRAFT <br /> <br />OC Board of Adjustment – 6/8/2015 Page 68 of 68 <br /> <br />16. Nothing associated with the approval, development or use of the property in support 1 <br />of the proposed telecommunication facilities shall be construed as impacting the use of 2 <br />the property for single-family residential or horse/farm activities with the exception of 3 <br />preserving existing foliage as detailed within Condition 2. 4 <br /> Expansion of same shall not constitute a modification of the special use permit as 5 <br />detailed within the UDO requiring a re-review of the project by the Board of Adjustment. 6 <br />17. The County’s telecommunications consultant shall issue a final Certificate of 7 <br />Completion upon the completion of a final inspection of the constructed 8 <br />telecommunication facilities. Commercial service cannot be provided/initiated until this 9 <br />final Certificate is completed and issued. 10 <br />18. The Special Use Permit will automatically expire within 12 months from the date 11 <br />of approval if the use has not commenced or construction has not commenced or 12 <br />proceeded unless a timely application for extension of this time limit is approved by 13 <br />the Board of Adjustment. 14 <br />19. If any condition of this Special Use Permit shall be held invalid or void, then this 15 <br />Special Use Permit shall be void in its entirety and of no effect. 16 <br /> 17 <br /> 18 <br />MOTION made by Samantha Cabe to deny this special use permit submitted by Skyway Towers LLC because they 19 <br />failed to prove by clear convincing evidence the specific standards required for approval per the Orange County 20 <br />UDO. 21 <br /> 22 <br />James Bryan: There was substantial evidence contrary to it or for the value that they fail to provide the substantial 23 <br />evidence. You may say they provided substantial evidence _____ 24 <br /> 25 <br />MOTION made by Samantha Cabe to deny the application by Skyway Towers LLC on the basis that they did not 26 <br />meet their burden to provide substantial evidence that would support approval under the Orange County Unified 27 <br />Development Ordinance. Seconded by David Blankfard. 28 <br />VOTE: Unanimous 29 <br /> 30 <br /> 31 <br />AGENDA ITEM 6: ADJOURNMENT 32 <br /> 33 <br />Meeting was adjourned at approximately 12:10am. 34