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BOA minutes 082714
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BOA minutes 082714
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BOCC
Date
8/27/2014
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 082714
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APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 48 of 64 <br /> <br /> <br /> 1 <br />Larry Wright: Do you want them in general? 2 <br /> 3 <br />David Blankfard: Yes, I was just asking if anybody else. 4 <br /> 5 <br />Larry Wright: I think that’s a good idea. I think that’s a very good idea. 6 <br /> 7 <br />Jeff Schmitt: How did this come to us? 8 <br /> 9 <br />Larry Wright: Oh I’d like to know that too. We’ve had a couple like this. 10 <br /> 11 <br />Jeff Schmitt: I’m not quite sure that I understand what it is that we can rule on here that is not to 12 <br />superseded by federal and or state regulations that talk about the permitting, the easement, the 13 <br />construction, the safety, all of those aspects in regards to, because the County cannot supersede with 14 <br />what is it wants to do in any of those regulations. 15 <br /> 16 <br />Larry Wright: It’s my understanding that the County is a stepwise process. The County with this 17 <br />applicant, they are going through a stepwise process where it’s really going, we’re just hardly nobody. 18 <br />They are going to say, ok, the County said this and then they go to the state, and that’s where the tire 19 <br />meets the pavement. 20 <br /> 21 <br />Mark Micol: I think these known conditions are relevant. I think that this adds value to the process. The 22 <br />nine conditions that staff has put together for us. 23 <br /> 24 <br />Jeff Schmitt: On the bottom, yes. I have sense of sympathy for the people who have come here tonight 25 <br />and have testified. They have come looking to us for answers which we couldn’t provide. 26 <br /> 27 <br />Larry Wright: We can’t 28 <br /> 29 <br />Jeff Schmitt: And I’m sorry about that and on behalf of my colleagues, I apologize but that’s not our 30 <br />responsibility and or our job in this context. But I feel sorry for those folks because at some point their 31 <br />questions should be answered either by the applicant and or through the state public service 32 <br />commission. There ought to be a venue where they can find answers to their questions someplace and 33 <br />it’s a shame that it maybe not us. That needs to be a part of the record. In future things like this Larry, I 34 <br />think there needs to be the attorney from the County needs to make sure that there is a role that we play 35 <br />in doing this that is relevant and not just rubber stamping what some state and or federal thing because 36 <br />that’s about all on some of these things we can do. 37 <br /> 38 <br />Larry Wright: I know, I agree that most of this is the state and the federal level. 39 <br /> 40 <br />Jeff Schmitt: As Mark said, there’s some criteria here that the County has proposed and the school bus 41 <br />stop and all those things which are very appropriate things to take into consideration. 42 <br /> 43 <br />Larry Wright: Even if we overstep our bounds, it is going to be appealed to the superior court, but that’s 44 <br />still more litigation. 45 <br /> 46 <br />Jeff Schmitt: I understand, I thought I had to say that for the record. 47 <br /> 48 <br />Larry Wright: All right so while we’re talking about this and before we go through and itemize this are 49 <br />there any recommendations that we feel that we can make that we could add to those listed on page 50 <br />283? While we’re discussing and then we put could them through at the end and then we could go right 51 <br />through them. 52 <br /> 53 <br />Karen Barrows: I think we wanted to exclude the regulator station. 54 <br /> 55
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