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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 2 of 38 The Board of Adjustment is a quasi-judicial administrative body 1 established in accordance with the provisions of local regulations and 2 State law to perform specified functions essential to the County’s 3 planning program. Action(s) taken by the board are based solely on 4 competent, substantial, and material evidence presented during a 5 previously scheduled and advertised public hearing on a specific item. 6 As detailed within Section 2.12.2 of the UDO the Board chair reserves 7 the right to exclude evidence and testimony that is deemed: 8 ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and 9 therefore fails to reasonably address the issues before the Board of 10 Adjustment. While it should be noted there is no time limit on the 11 presentation of evidence, the Chair asks that the presentation of 12 evidence be consistent with established policies, rules of procedure, 13 and acceptable levels of decorum to ensure a fair and equitable hearing 14 for all parties. 15 16 AGENDA ITEM 5: CASE A-2-13: Appeal of a decision made by the Zoning Officer 17 submitted by Michael Buck 18 In accordance with the provisions of Section 2.3.7 of the Orange County Zoning Ordinance, 19 enforced at the time the appeal application was submitted (now contained within Section 2.11 of 20 the Orange County UDO adopted April 5, 2011), the applicant has appealed a decision of the 21 Zoning Officer related to the Churton Grove, formerly Scotswood, Planned Development within 22 the Hillsborough Township of Orange County. 23 The appeal arises out of the recordation of a plat within Plat Book 103 Pages 63-64 of the Orange 24 County Registrar of Deeds Office for the final phase of the aforementioned development. 25 The applicant alleges the provision of recreational amenities within the development is 26 inconsistent with existing County regulations and has appealed staff’s approval of the 27 aforementioned plat. 28 The application requests that the Board of Adjustment overturn the decision of the Planning 29 Director. 30 31 Geof Gledhill: I will represent the County Planning Department in this matter. The Chair has 32 described that this is, before you to hear an appeal by Mr. Buck, the decision made by the zoning 33 officer. You have, in front of you, what constitutes the record compiled by the County Planning 34 Department. There are several changes which are technical in nature. You have new cover 35 sheets for each one of those documents which have the correct date on it. The date on the 36 original was September 10, 2012 and in addition you have a cover sheet for Attachments H, I and 37 J which you did not have before. Finally, the cover for Attachment I and J are revised and 38 corrected certification from the Clerk concerning the date of the full force and effect of those two 39 ordinances. That date corresponds with the date Mr. Buck took the appeal in this case rather 40 than some date previous to that which was meaningless to this appeal. With those corrections, 41 the record as required by statute to be submitted to you is complete and I would offer that entire 42 record into evidence. There will be further testimony from the County with respect to this appeal 43 in the form of Mr. Harvey’s testimony. 44 45 The following people were sworn in by Debra Graham, Board Secretary: 46 Michael Buck 47 Michael Harvey 48 49 Larry Wright: I would like to ask the attorneys to introduce themselves and who they represent. 50