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Approved 4/22/2014 <br /> <br />OC Board of Adjustment – 11/11/2013 Page 122 of 123 <br />David Rooks: May I make a suggestion that you treat the 3 questions that I drafted as findings and then your 1 <br />motion as the conclusion based on your findings. 2 <br /> 3 <br />Larry Wright: Changing this to findings, are we making the decision that is being asked of us? 4 <br /> 5 <br />David Rooks: Yes. That is the reason I wrote those questions the way I did because those are essentially what 6 <br />he appealed on. 7 <br /> 8 <br />Mark Micol: We have established a find of fact, the three questions. 9 <br /> 10 <br />Jeff Schmitt: The Board of Adjustment finds for the following three ….. as a result of these … 11 <br /> 12 <br />Larry Wright: We have a motion on the floor. Do you want to withdraw your motion or do you want to state it later 13 <br />or is this where we want to put it? Let’s have a friendly amendment. 14 <br /> 15 <br />Jeff Schmitt: After hearing all the evidence, the Board of Adjustment, in consideration of these three questions, 16 <br />which are … 17 <br /> 18 <br />Debra Graham: Number 1: Did the development officer err in failing to apply the subdivision ordinance recreation 19 <br />space requirements in effect on March 31, 1998 in the decision to approve the Phase IV Church Grove plat? 20 <br /> 21 <br />The board votes unanimously NO. 22 <br /> 23 <br />Debra Graham: Number 2: Did the development officer approve the Phase IV Churton Grove plat in violation of 24 <br />the active recreation requirements of the subdivision ordinance in effect on May 20, 1996, the date the SUP was 25 <br />approved? 26 <br /> 27 <br />The board votes unanimously NO. 28 <br /> 29 <br />Debra Graham: Number 3: Did the development officer approve the Phase IV Churton Grove plat in violation of 30 <br />the SUP? 31 <br /> 32 <br />The board votes unanimously NO. 33 <br /> 34 <br />MOTION made by Mark Micol to deny the appeal made by the applicant and it is this body’s belief that the county 35 <br />staff did not err with respect to the approval of the Phase IV plat. David Blankfard seconded. 36 <br /> 37 <br />Karen Barrows: I will vote in favor of it but I must say I am torn. I don’t know if there were errors made. 38 <br /> 39 <br />Larry Wright: Could you please read that again because I don’t know how I will vote. 40 <br /> 41 <br />Mark Micol: I will summarize. We deny the appeal made by Mr. Buck and it is this body’s belief that the county 42 <br />staff did not err with respect to the approval of the Phase IV plat. 43 <br /> 44 <br />Larry Wright: Do you want to withdraw your second so we can discuss this. 45 <br /> 46 <br />Jeff Schmitt: I would like to discuss this. 47 <br /> 48