Orange County NC Website
APPROVED 11/11/2013 <br />OC Board of Adjustment – 9/10/2013 Page 19 of 38 <br />occurred on March 31, 1998. Ordinance requires compliance with regulations at the time the land 1 <br />was zoned PD status. 2 <br /> 3 <br />Geof Gledhill: I will object to bullets 1, 4 and 5. 4 <br /> 5 <br />Larry Wright: On what basis? 6 <br /> 7 <br />Geof Gledhill: They are characterizations not evidence. 8 <br /> 9 <br />Michael Buck: I don’t have a problem with the first and the last. I don’t have quotes around it but 10 <br />that is what the ordinance says. The ordinance is already in evidence so that is fine. 11 <br /> 12 <br />Larry Wright: I am going to rule on 1 and 6 and sustain Mr. Gledhill’s objection. 13 <br /> 14 <br />Geof Gledhill: So you have allowed into evidence 2, 3 4 and 5. 15 <br /> 16 <br />Larry Wright: Yes, because he has stated for the record that this is a direct quote. 17 <br /> 18 <br />Michael Buck: This is not a direct quote but the ordinance is, I don’t have a problem if you to 19 <br />exclude that bulletin point. 20 <br /> 21 <br />Larry Wright: I will then. 22 <br /> 23 <br />Jeff Schmitt: Before you exclude it, Mr. Gledhill, for my edification, number 6, you objecting to 24 <br />because…. 25 <br /> 26 <br />Geof Gledhill: As wiling enforced ordinances enacted after, oh. 27 <br /> 28 <br />Jeff Schmitt: Willingly because, as Mr. Buck has pointed out, that certification by Robert is on 29 <br />whatever this is, the plat. 30 <br /> 31 <br />Geof Gledhill: I am not sure what the context of that bullet is. Probably as it is stated without a 32 <br />context, it is a correct statement. It is in context a characterization of .. 33 <br /> 34 <br />Jeff Schmitt: We have a plat recorded by the county and the developer in the upper right hand 35 <br />corner, Mr. Buck, what does it say? 36 <br /> 37 <br />Michael Buck: It is evidencing compliance with the ordinance. 38 <br /> 39 <br />Jeff Schmitt: The county representative has said the lighting that would be impacted in this area 40 <br />has to agree with the county ordinance and I think that is what he is trying to indicate. 41 <br /> 42 <br />Geof Gledhill: The certificate of compliance with light standards, is that the certification we are 43 <br />talking about. That certification is in evidence, characterizing it is my concern. 44 <br /> 45 <br />Larry Wright: Please state your opinion on this last thought. 46 <br /> 47 <br />Jeff Schmitt: Given the observation that counsel makes here, is that because it is in evidence 48 <br />already, this is in effect an argument that is being made by Mr. Buck. 49 <br /> 50 <br />Larry Wright: Would you sustain or overrule? 51