BOA minutes 091013 - Laserfiche WebLink

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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 27 of 38 1 Michael Buck: The County has in their appeal response made claims that the special use 2 permits, specifically Condition 27, but other parts of the special use permit have been met and so 3 I am showing evidence that they have not been met. 4 5 David Rooks: That is somebody else’s issue. 6 7 Michael Buck: I would like to read from Condition 27, Book 1709, page 107 reads, “Appropriate 8 landscaping”, my claim is that the special use permit conditions have not been met that it is 9 specifically stated in my appeal. I am showing that the facts on the ground for Condition 27 are 10 clearly not met. 11 12 David Rooks: The question is what state of play was at the time the zoning administrator signed 13 off on the plat, not subsequent. 14 15 Michael Buck: Some of these pictures are contemporaneous to that time; furthermore, the 16 signing off of the plat for Phase IV must be conditioned on what active recreation use was already 17 in play at the time, what had been put on the ground. You have the planning director’s letter 18 which says that portions for this parcel cannot be counted as active recreation and in order for the 19 zoning officer to certify the final phase of the development to ensure that it has the appropriate 20 active recreation required, you have to look at the earlier phases and what active recreation has 21 been put into place. 22 23 David Rooks: It is what the zoning administrator … 24 25 Larry Wright: You are going to have to have that time limit down to submit that in evidence. I 26 think you need to come back with that. 27 28 Michael Buck: Can you clarify for me? 29 30 David Rooks: The date the zoning administrator signed the plat was February 12, 2008? 31 32 Michael Buck: Correct. 33 34 David Rooks: That is the date and it was what was in existence on February 12, 2008 not 35 subsequent failures of the developer but what was available to the zoning administrator on 36 February 12, 2008 at the time the zoning administrator signed the approval of the plat. 37 38 Michael Buck: That information is contained in the letter from the planning director from 2006 39 because between 2006 and 2008, there is not … 40 41 David Rooks: That is an argument. 42 43 Michael Buck: From a factual standpoint… 44 45 Larry Wright: You can make your argument after you submit your evidence. 46 47 Michael Buck: These are the claims that the planning director made in the letter that is in 48 evidence. These are the comparisons using the Plano meter tool so the planning director is 49 claiming, in essence, about .7 acres using the Plano meter tool I am showing about 1.3 acres. 50 51