Orange County NC Website
Approved 6/8/2015 <br /> <br />OC Board of Adjustment – 12/08/2014 Page 9 of 49 <br /> <br /> <br />Larry Wright: I want to ask the board, how would you like to proceed? Would you like to proceed the way it’s 1 <br />presented in our packet? I think that is the best way to really make sense of it. I don’t know. What do you think Jeff? 2 <br /> 3 <br />Jeff Schmitt: I wasn’t quite sure why we needed to do one through seven but given the last sets of comments, I sort 4 <br />of think we need to because there might be some place where the board thinks that, I’m just picking one here, that 5 <br />item five is really not relevant so when we hear the case of the applicant, I don’t want to hear anyt hing about item five 6 <br />because we don’t have jurisdiction. 7 <br /> 8 <br />Larry Wright: Okay. So how do we hear from the intent of the zoning officer if this was an order or a requirement or 9 <br />a determination from the zoning officer because that is jurisdiction if the zon ing officer says, this is it, this is a violation 10 <br />and you are going to be fined and I’m not studying it any further, this is it, this is the order. That is jurisdiction isn’t it? 11 <br /> 12 <br />Karen Barrows: I think, Larry, until we hear what folks have to say includ ing Mr. Harvey, we might be able to go 13 <br />through. 14 <br /> 15 <br />Larry Wright: Go through the one through the seven or go through the way it is in the packet or what? 16 <br /> 17 <br />Karen Barrows: Probably the way it is in the packet. 18 <br /> 19 <br />Larry Wright: Jeff? 20 <br /> 21 <br />Jeff Schmitt: Unless going through the packet presents some issue relative to the appeal of this as opposed to doing 22 <br />something else first, let’s just get started and go through the packet. 23 <br /> 24 <br />Larry Wright: I will start with Mr. Harvey. 25 <br /> 26 <br />Michael Harvey: Mr. Chairman, if I could make a recommendation. All individuals intending to offer testimony this 27 <br />evening need be sworn before I say one word other than what I have just said. 28 <br /> 29 <br />Larry Wright: Yes. Thank you. Anybody giving testimony tonight, if you are an attorney and giving testi mony, you 30 <br />have to be duly sworn. If you are an attorney not giving testimony, you do not have to be duly sworn. 31 <br /> 32 <br />James Bryan: Or you may affirm. 33 <br /> 34 <br />Individuals sworn in by Ms. Graham: 35 <br />T.C. Morphis, Jr. 36 <br />Adrian Carter 37 <br />Michael Joerling 38 <br />Robert Nicholas 39 <br />John Gallagher 40 <br />Richard Kirkland 41 <br /> 42 <br />T.C. Morphis: Mr. Chairman, I gather I am not going to be able to make opening comments. 43 <br /> 44 <br />Larry Wright: You will be given your time. 45 <br /> 46 <br />Michael Harvey: Mr. Chairman, beginning on page 19, you have staff’s abstract detailing the nature of this item. You 47 <br />also have several attachments specifically on page 22, you have a map of the subject properties. Beginning on page 48 <br />23, Attachment 2, you actually have the physical appeal application. Attachment 3, which begins on page 43, is 49 <br />staff’s response to the appeal. Page 53 is the actual notice of violation issued on April 29. Page 85 is the letter 50