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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 16 of 38 1 Michael Buck: Ok. 2 3 Larry Wright: What is the point of this? 4 5 Michael Buck: I am referring to the ordinance and I won’t make an argument here but the 6 ordinance has a claim on the way walkways should be developed. The next slide shows… here is 7 the street side location of that walkway, the sidewalk, there is no sidewalk. The path continues 8 for about 100 yards and it terminates at the base of this utility tower. I guess this is an 9 argumentative portion so reserve this for later. 10 11 Geof Gledhill: I object to that. 12 13 Michael Buck: I would like to ask a procedural question. I am willing to talk about some of these 14 things later in a summary phase. I guess I am worried about the time that will take and coming 15 back to walk through those. 16 17 Larry Wright: What you make in a summary statement has to be based on evidence. Everybody 18 is a good guy but we have to make our decision on evidence so you can’t just say I see a little bit 19 of sidewalk here. Is it in violation or not, we have to have something in evidence that you submit. 20 21 Michael Buck: Is not the pictures evidence? 22 23 Larry Wright: I don’t know. You make your statement, you show us, we see the pictures, yes, 24 and then we will hear them and go back and forth, okay? 25 26 Michael Buck: Moving to a discussion of relevant dates. The conditions were approved, the 27 special use permit conditions, and I read a little earlier, the conditions of the special use permit 28 were approved on May 20, 1986. The SUP was recorded on March 31, 1998. The effective date 29 of the permit also March 31, 1998 and finally the land rezoning dated March 31, 1998. 30 31 Jeff Schmitt: Mr. Harvey, what went on in the 12 years? We have an approval on May 20, 1986 32 and recorded 12 years later. 33 34 Michael Harvey: There is a condition in here that the development of the project consistent with 35 the recorded special use permit can only occur when water supply was made adequate and 36 available by the Town of Hillsborough. That did not occur until March 31, 1998. I am looking for 37 the specific condition… condition 44. 38 39 Michael Buck: Reading from the special use permit, book 1709, page 109, condition 44 reads, 40 “the effective date of this special use permit and the effective date of the special use zoning of the 41 property described in this special use permit is March 31, 1998, the date of the recording of this 42 special use permit”. That is what is listed in the special use permit as the date on which the 43 zoning took place, why is that important? Let’s go to ordinance. The ordinance in existence in 44 1986, also in existence in 1998, but the ordinance in existence Section 7.6 of the Orange County 45 Zoning Regulations reads, “Approval of final plans and reports shall be based on compliance with 46 regulations applying at the time the land was zoned to PD status including such specific 47 modifications that were made by the Board of Commissioners in its amending action. The 48 County Manager shall certify that the conditions imposed by the Board of Commissioners have 49 been met. I would like to offer additional evidence that the plat, these are plats from Book 103, 50 page 63 for Phase IV, contain certifications from the developer signifying their acceptance of the 51