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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 62 of 64 1 Larry Wright: Yes, and so if they want to put a valve station in there then it’s a modification because 2 we’re going to be approving this application as presented. 3 4 David Blankfard: Can we get the attorney’s advice? 5 6 James Bryan: Its unnecessary to add that restriction. You could add something if you want but really in 7 all instances, you are approving what is asked for. If you have an SUP for schools and somebody asks 8 for a school with no bathrooms and they give you a site plan with no bathrooms and you approve it, 9 you’ve approved it with no bathrooms and if they go the next week and they can’t open up school 10 because there are no bathrooms that’s on them. So, what you have is everything in front of you and 11 there may be determinations left later on about what this includes and doesn’t include based upon the 12 language of the UDO and Mr. Harvey’s interpretation not that interpretation may be right may be wrong 13 may be good may be bad may be appealed if it is appealed it goes back to this Board and this Board will 14 decide it then. But it’s not this Board’s prerogative to make determinations or interpretations of policy. 15 16 Larry Wright: Ok, are there any we should have addressed. 17 18 James Bryan: You’re going to hate my advice, but your hands are tied more than you realize. Any 19 recommendation has to be tied to a particular standard that you believe would not be met say for this 20 recommendation. Your hands are very very tied. 21 22 Larry Wright: Ok, on that advice, any more discussion on recommendations 1 through 9? Do we have to 23 say that we are approving this application as presented to us? 24 25 Mark Micol: No, I think that’s implied. 26 27 James Bryan: You can if you want to be you know, but. 28 29 Jeff Schmitt: Ok, my motion is I guess in addition to the requirements of Section 5.3.2.a. subsection 2 it 30 is the recommendation of the Board that items number 1 through 9 as recommended by staff be added 31 to the SUP for compliance by the applicant. 32 33 Staff has not received any information that would establish grounds for making a negative 34 finding on the general standards as detailed above. These standards include maintaining or 35 promoting the public health, safety, and general welfare, maintaining or enhancing the value of 36 contiguous property, the use being in harmony with the area in which it is to be located, and the 37 use being in compliance with the general plan for the physical development of the County. 38 39 Staff has reviewed the application, the site plan, and all supporting documentation and has found 40 that the applicant complies with the specific standards and required regulations as outlined 41 within the UDO 42 43 Provided the Board of Adjustment finds in the affirmative on the specific and general standards, 44 the Board could make a positive finding on this application. In the event that the Board makes a 45 recommendation to issue the permit, staff recommends the attachment of the following 46 conditions: 47 48 RECOMMENDATION 49 50 1. The applicant shall abide by all conditions/operational parameters as denoted on the 51 approved site plan. 52 2. The granting of this permit shall in no way be construed as limiting a property owner’s 53 ability to modify/expand permitted land use(s) on their property as it relates to Section 54 2.7.14 of the UDO. 55