Orange County NC Website
Approved 9/10/2013 <br /> <br />OC Board of Adjustment – 7/8/2013 Page 23 of 82 <br /> <br />concerning the submittal of the application as well as all the required attachments. That goes on to page 136 and then 1 <br />we provided documentation dealing with whether or not the applicant has complied with Section 2.75 which deals with 2 <br />notification requirements. We have provided you the linkages not only in the applicant’s document but as well as 3 <br />providing you documentation in our own abstract signifying that all notification requirements were adhered to as 4 <br />described in the UDO and state law. That takes us to page 138 complying with the specifics development standards. 5 <br />You will note an affirmative finding by staff. You will also note there are various locations where we state the 6 <br />provisions are not applicable. For example, there is a requirement that the applicant provide an environmental 7 <br />statement if they are required to by code. This project is not required to provide one as it does not meet the criteria to 8 <br />submit an environmental statement and we have indicated that in the script for your review. We have found they have 9 <br />complied with the necessary documentation with respect to the technical detail on the erection of the tower. As Ms. 10 <br />Kemerait pointed out, they have the detailed narrative as well as attachments showing the search ring utilized to find 11 <br />the proposed site and the propagation studies indicating there were no towers as required by the code for them to co-12 <br />locate onto an existing tower with this antenna. That takes us to the conclusion of this script on page 183. This is 13 <br />where the board has to base their decisions based on the testimony evidence entered into the record. These are the 14 <br />three general findings in Section 5.3.2 (A) (2). Specifically that the use will maintain or promote the public health, 15 <br />safety and general welfare if located where proposed. I am not reading verbatim. Secondly, that the use will maintain 16 <br />or enhance the value of contiguous property and finally, location and character of the use if developed according to the 17 <br />planned submittal will be in harmony with the area in which it is located and the use is in compliance with the physical 18 <br />development of the county’s UDO and Comprehensive Plan. We have provided you with a reminder of what is in the 19 <br />record with respect to testimony that has already been presented. If you see fit to grant this application, you will see 20 <br />on page 187 and 188, we have recommended 19 conditions which the applicant has agreed to. I would further 21 <br />stipulate that if this board sees fit, you need to add a 20th condition indicating that conservation easement(s) will be 22 <br />executed as proposed by the applicant to address board’s concerns over the removal of foliage from the property. 23 <br />You will need to add that it was not an original condition. I will remind the board in Attachment 2 of the packet, you 24 <br />have correspondence from our county telecommunications consultant recommending approval of the tower. You have 25 <br />correspondence from Orange County Environmental Health, the fire marshal’s office and other county agencies 26 <br />indicating their support for the tower application indicating they do not believe there are issues with respect to either 27 <br />they being able to provide service to the tower from a public safety standpoint or from the tower being erected on the 28 <br />parcel of property. I will answer any specific questions. I will remind you that once you close the public hearing, you 29 <br />cannot ask questions of the staff, applicant or anyone in the audience. Just to make sure no one has questions for Mr. 30 <br />Monroe, he has to leave. 31 <br /> 32 <br />Larry Wright: Anyone have any questions for Mr. Monroe. No. At this point we will close the public hearing. Are 33 <br />there any general comments from the board members before we start? I would like to address the application 34 <br />components. I would like to ask for a motion and before there is a second, I would like to give ample time for any 35 <br />discussion on the motion. Do I have a motion on the application components? We are all voting members here. 36 <br />37