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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 3 of 38 1 David Rooks: I have been asked by the County to sit with you and represent the board tonight. 2 3 Michael Buck: I have been sworn. I am a resident of Churton Grove. I should be technical and 4 say I am a resident of the Churton Grove Planned Development Special Use. Six years ago, I 5 began discussions with Churton Grove developers and Orange County officials regarding what I 6 believe to be numerous violations of Orange County Ordinances and Special Use Permit 7 conditions occurring during the construction of the project. I attempted to work with developers 8 and zoning officers to resolve or prevent the issues about what you are going to hear tonight. 9 The failure to resolve these issues culminated in my filing of an appeal on March 13, 2008. The 10 approximate cause of the appeal filing was the zoning officer’s decision to approve on February 11 12, 2008, a subdivision plat for Churton Grove Phase IV. The zoning officer’s approval was given 12 despite evidence provided to developers and county officials that the plans represented in those 13 plats violated Orange County ordinances and special use permit conditions. 14 15 Geof Gledhill: I am not sure whether what Mr. Buck is doing is an opening statement or giving 16 testimony. If it is opening statement, I am not going to object, if it is testimony, I am going to 17 object. 18 19 Michael Buck: It is an opening statement if you don’t want to count it as evidence, I am fine with 20 that. The zoning officer’s approval was given despite evidence provided to developers and 21 county officials that the plans represented in those plats violated Orange County ordinances and 22 special use permit conditions. Furthermore, I think the record will show that the plat was 23 approved despite the County’s own misgivings about the validity of the claims in those plats. I 24 intend to demonstrate that the developer’s active recreation and acreage plans are invalid and 25 inadequate. I will demonstrate that the planning department has been aware of these 26 deficiencies for years. The record will show that the planning department informed the 27 developers of the inadequacy and inaccuracy of their claims and the developers and county 28 officials shared a common understanding of the developers’ claims. Nevertheless, the 29 developers did proceed with construction and did so despite the knowledge that their claims were 30 inaccurate and subject to challenge by appeal. The developers were aware of this appeal when 31 they proceeded with construction activities in Phase IV and in the multifamily phase. You will 32 hear a lot of detail, evidence and history this evening but the bottom line is rather simple. The 33 developers made some claims, they filed paperwork to certify those claims, the zoning officer 34 approved those claims but those claims ignore the facts on the ground. They violate various 35 Orange County ordinances, they do not fulfill the conditions of the controlling special use permit 36 and they cause unauthorized modifications of the special use permit. As members of the Board 37 of Adjustment, you are tasked with “findings of fact and achieving the intent of Orange County 38 Ordinance”. You are directed to act “in a prudent manner” so the purposes of Orange County 39 Ordinances shall be served. To aid you in your fact finding, I have evidence to submit. 40 41 Larry Wright: This should be submitted in evidence as a matter of record and copies should be 42 given to the county and the attorney. 43 44 Michael Buck: I have given a copy to the zoning officer earlier. 45 46 Larry Wright: I would like to have a copy for the board’s attorney as well. 47 48 Geof Gledhill: Mr. Chairman, I don’t have a clue what is in this book so I am going to object to 49 this being offered into evidence. 50 51