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Approved 4/22/2014 <br /> <br />OC Board of Adjustment – 11/11/2013 Page 120 of 123 <br /> 1 <br />David Blankfard: They are minor changes that didn’t necessitate a revisiting of the SUP. 2 <br /> 3 <br />Jeff Schmitt: But are those minor changes enough that it effectively opens up the whole thing from the court’s 4 <br />perspective. 5 <br /> 6 <br />David Rooks: I think it is long gone, it is too late. 7 <br /> 8 <br />Larry Wright: Why? 9 <br /> 10 <br />David Rooks: Passage of time. This plat was approved in 1998. 11 <br /> 12 <br />David Blankfard: Phase IV was approved in 2008. 13 <br /> 14 <br />David Rooks: Houses are there and for all intents and purposes, it is moot. 15 <br /> 16 <br />Jeff Schmitt: That is Larry’s question, if we vote for the applicant, what happens? Will he ask the contractor to 17 <br />buy some more property someplace else? 18 <br /> 19 <br />David Rooks: I don’t know what remedy he has. 20 <br /> 21 <br />Karen Barrows: I would like to say that I think Mr. Buck’s situation is, I have a lot of empathy, however, I would 22 <br />not be comfortable saying Robert Davis made mistakes back in 2008. I don’t know if he did or didn’t but the 23 <br />evidence here has not convinced me one way or the other. I would not be comfortable with resending SUPs from 24 <br />years ago. I think it is beyond us. 25 <br /> 26 <br />Jeff Schmitt: I would agree with Karen. 27 <br /> 28 <br />Larry Wright: I do too. I have spent days on this. 29 <br /> 30 <br />Jeff Schmitt: It is laden with inconsistencies. 31 <br /> 32 <br />Mark Micol: Can we make a motion? 33 <br /> 34 <br />Larry Wright: You can make a motion but I want to have discussion on it. 35 <br /> 36 <br />MOTION made by Mark Micol to deny the appeal made by the applicant and it is this body’s belief that the county 37 <br />staff did not err with respect to the approval and execution of the site plan and special use permit. 38 <br /> 39 <br />David Rooks: The applicant is appealing from the approval of the plat. 40 <br /> 41 <br />Mark Micol: Not site plan. 42 <br /> 43 <br />David Rooks: He is appealing from the approval of that particular plat. 44 <br /> 45 <br />Debra Graham: Your three questions are: Did the development officer err in failing to apply the subdivision 46 <br />ordinance recreation space requirements in effect on March 31, 1998 in the decision to approve the Phase IV 47 <br />Churton Grove plat? 48