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APPROVED 11/11/2013 OC Board of Adjustment – 9/10/2013 Page 5 of 38 Michael Buck: I sent a fax on …. 1 2 Michael Harvey: No, I have seen a fax and as Mr. Buck was told, by the way for the record I am 3 Michael Harvey, Orange County Planning Department, as Mr. Buck was told on the phone, the 4 appeal was based on his 2008 application which is the only legitimate application we have and 5 was paid a fee for. We received a faxed copy of a 20 page letter but there were no attachments 6 or exhibits. We received two copies via fax. I told Mr. Buck in a telephone conversation, the 7 appeal would be based on what he originally submitted in 2008 which was the only valid appeal I 8 had on record. 9 10 Michael Buck: And I am happy to proceed under that assumption. Everything I am going to 11 present tonight is contained in Exhibits 1 and 2 carried forward to Exhibit 3 to make it more 12 complete and Exhibits 1 and 2 were part of the original appeal filing in 2008. 13 14 Jeff Schmitt: An appeal was filed in 2008, five years ago and this is the first time the Board of 15 Adjustment or any agency has had the opportunity to hear that appeal in its original or revised 16 form? 17 18 Michael Buck: Unfortunately, that is the case. 19 20 Geof Gledhill: Mr. Chairman, I object to Exhibit 3 coming into evidence. 21 22 David Rooks: Mr. Chairman, there are time limits for filing an appeal so the only appeal would be 23 that which was originally filed in February 2008. That appeal is what would be before the board 24 tonight, not a subsequent revision of that appeal. 25 26 Michael Buck: I am happy to withdraw Exhibit 3. The purpose of that was to combine in a single 27 document the evidence of the claims in the appeal. What I am attempting to do is provide 28 evidence. If you prefer, as I refer to specific items in that document, we can say that is in Exhibit 29 presented to the board. 30 31 Geof Gledhill: I don’t know what those documents are. I understand what he is planning to do as 32 he presents whatever these documents are; I may or may not have an objection. Is there a ruling 33 on Exhibit 3 as an Exhibit not coming into evidence? 34 35 Larry Wright: I would like to rule that we take a look and use it as a reference or take Mr. Buck 36 for his word. He uses it as reference, just like he would use the constitution. You use it as a 37 reference and it’s best as a reference. 38 39 Michael Buck: I am happy to proceed with that. I would look to the board for guidance as to 40 whether or not a particular reference needs to be presented as evidence. 41 42 David Rooks: Mr. Chairman, you have to understand that you may only make your decision 43 based on evidence that is actually presented to you so I think you do have to rule on Mr. Gledhill’s 44 objection either up or down. It is either an item in the record or not. If I may, I think I understand 45 the applicant to say that rather than tendering it in mass that he will take the individual 46 components as he makes his presentation and as he gets to that point, he will tender that 47 individual component and that would be an acceptable result subject to the county’s right to 48 object. 49 50 Larry Wright: I would like to have you state that objection. 51