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Approved 8/11/2014 OC Board of Adjustment – 4/22/2014 Page 4 of 69 1 AGENDA ITEM 4: APPROVAL – ORDER OF INTERPRETATION (MICHAEL BUCK) 2 3 Michael Harvey: The board made a decision to affirm staff’s decision. The findings of fact are on a revised handout 4 on your desk and detail the Board’s additional findings of fact and conclusions. For example, the zoning officer did 5 not err in his decision to apply subdivision ordinance, recreation area/amenity requirements of SUP approval when 6 approving the Phase IV final plat on February 4, 2008. The zoning officer did not err in approving the Phase IV final 7 plat planned development special use. There is no violation of the recreation requirements of the subdivision 8 ordinance in effect on May 20, 1996 but if the SUP was approved by the County March 31, 1998, the day the SUP 9 was recorded. On page 5, the zoning officer did not err in determining the planned development special use 10 complied with the SUP when approving the recordation of Phase IV Final Plat. 11 12 MOTION made by Jeff Schmitt outlining the affirmation of staff’s case at the November Hearing. Seconded by David 13 Blankfard. 14 VOTE: Unanimous 15 16 AGENDA ITEM 5: PUBLIC CHARGE 17 The Board of Adjustment pledges to the citizens of Orange County its respect. The 18 Board asks its citizens to conduct themselves in a respectful, courteous manner, both 19 with the Board and with fellow citizens. At any time should any member of the Board 20 or any citizen fail to observe this public charge, the Chair will ask the offending 21 person to leave the meeting until that individual regains personal control. Should 22 decorum fail to be restored, the Chair will recess the meeting until such time that a 23 genuine commitment to this public charge is observed. All electronic devices such as 24 cell phones, pagers, and computers should please be turned off or set to 25 silent/vibrate. 26 27 The Board of Adjustment is a quasi-judicial administrative body established in 28 accordance with the provisions of local regulations and State law to perform specified 29 functions essential to the County’s planning program. Action(s) taken by the board 30 are based solely on competent, substantial, and material evidence presented during 31 a previously scheduled and advertised public hearing on a specific item. As detailed 32 within Section 2.12.2 of the UDO the Board chair reserves the right to exclude 33 evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or 34 unduly repetitious’ and therefore fails to reasonably address the issues before the 35 Board of Adjustment. While it should be noted there is no time limit on the 36 presentation of evidence, the Chair asks that the presentation of evidence be 37 consistent with established policies, rules of procedure, and acceptable levels of 38 decorum to ensure a fair and equitable hearing for all parties. 39 40 41