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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 121 of 123 1 Jeff Schmitt: And your answer would be no. 2 3 Mark Micol: Yes. 4 5 Debra Graham: Number 2: Did the development officer approve the Phase IV Churton Grove plat in violation of 6 the active recreation requirements of the subdivision ordinance in effect on May 20, 1986 the date the SUP was 7 approved? 8 9 Several responses of no. 10 11 Debra Graham: Number 3: Did the development officer approve the Phase IV Churton Grove plat in violation of 12 the SUP? 13 14 Several responses of no. 15 16 Larry Wright: We have a motion on the floor. 17 18 MOTION made by Mark Micol to deny the appeal made by the applicant and it is this body’s belief that the county 19 staff did not err with respect to the approval of the Phase IV plat. 20 21 Larry Wright: How do we know he didn’t err? 22 23 Mark Micol: It is our belief… We can have further discussion or bring finding of fact or notes. 24 25 David Blankfard: They applied the standard that was in effect. The one that was pre 1986. 26 27 Larry Wright: I have been on planning board; Jeff and Karen have been on planning board. I have worked on 28 subdivisions. I would like to know that if someone like Mr. Davis signs off on this, is there a sense of consensus 29 among staff and the supervisor and who else, is there a sense of consensus or does Mr. Davis work unilaterally. 30 31 David Rooks: I’m not sure we can answer that, it is almost a public hearing kind of question. 32 33 Karen Barrows: There is some inconsistency. Craig said one thing in his letter and then Robert … 34 35 Mark Micol: You are going over a 15 year period. You can take letters from one day to the next and during 36 negotiations you will get different viewpoints. I don’t put a lot of validity in correspondence over a 15 year period. 37 Can we bring the three questions in to make a motion and answer the questions and have an up and down vote. 38 39 Jeff Schmitt: I was going to suggest that we take your comments and add as addendum to them in addition to 40 this, the following three questions were looked at by the board and supporting the previous paragraph. Putting 41 these three as an addendum and those are the three questions we ask in answering the comments that were 42 made here. I would like to add at the end. This is a very unusual circumstances and it is questionable as to 43 whether or not the board has jurisdiction over this to go forward. 44 45 Larry Wright: I heard what you said and I agree with it. 46 47