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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 12 of 38 the context is the same. First, “Any change in condition imposed during the approval of the 1 special use permit”. Any change in condition is a modification. Second, “substantial changes in 2 the amount and/or location of open space or recreation facilities” and the third, “substantial 3 changes in pedestrian access or circulation.” I think those three criteria for modification become 4 key in understanding if the process was followed to create a modification or do a modification. If 5 those criteria have been met, the fact a modification has occurred and if it occurred without going 6 through the process, which is an unauthorized modification. 7 8 Jeff Schmitt: Mr. Harvey is this the language that was in the regulations that were applicable at 9 the time that this special use permit was approved? 10 11 Michael Harvey: To the best of my knowledge, the answer is yes. 12 13 Mark Micol: Do we have an understanding of why the developer did not finish the bridges? Is 14 there a reason from the developer’s point of view? 15 16 Michael Harvey: I am not going to answer until Mr. Buck has completed with this. 17 18 Larry Wright: You are quoting these out of the Orange County Zoning Regulations in Section 8.7. 19 This is from the UDO? 20 21 Michael Buck: No sir. 22 23 Larry Wright: You have UDO 2.7.14. 24 25 Michael Buck: We have ordinances that have changed multiple times and I am trying to show 26 with the reference to the UDO that this ordinance has persisted over time. There have been 27 some minor language changes but I submit that the intent of the modification language has 28 remained consistent. 29 30 Larry Wright: Thank you for the clarification. 31 32 Geof Gledhill: I would characterize what Mr. Buck is doing now as a final argument as opposed 33 to testimony. The testimony or evidence is what the ordinance contains and I object to him 34 folding into his testimony his argument to you about what is or what is not appropriate under the 35 county’s ordinances. It seems we need to move along and let him introduce whatever documents 36 in addition to what is already in the record to you, get the evidence finished and then reserve time 37 for an argument about what this evidence means. 38 39 Larry Wright: In the essence of time, I would like to sustain this and so if you would bring your 40 evidence, one, two, and three and then if you would like to come back and refer to it, we have the 41 documents here. 42 43 Michael Buck: I will do my best. You had a question on my take on the developers, should I 44 answer that? 45 46 Larry Wright: I think that would be in the summary statement. 47 48 Geof Gledhill: I would object to that too. 49 50