Orange County NC Website
Approved 4/22/2014 <br /> <br />OC Board of Adjustment – 11/11/2013 Page 40 of 123 <br /> 1 <br />Geof Gledhill: Not along the creek. It is to the south of the creek. It is part of the active recreation parcel. It may 2 <br />be in trees, let’s play tag again, let’s do swimming, let’s do basketball, let’s do tennis, let’s play tag in the trees. 3 <br />That is active recreation. 4 <br /> 5 <br />Larry Wright: Is that in a flood plain? 6 <br /> 7 <br />Geof Gledhill: I am looking at a small portion is in the 100 year flood boundary but most of it is outside of even 8 <br />that boundary so it is a question of quality versus quantity and our argument is that quality was not in this special 9 <br />use permit. The regulations in effect at the time it was approved are recommendations. 10 <br /> 11 <br />Larry Wright: You heard his comments on the parking lot and whether that was considered part of the recreation 12 <br />area or not and could you go over those calculations again. 13 <br /> 14 <br />Geof Gledhill: I think the parking area is in the active recreation part of this project are within the polygon that 15 <br />makes … 16 <br /> 17 <br />Larry Wright: And why is that? 18 <br /> 19 <br />Geof Gledhill: Because its, the point made by another members of the board, you have people coming in and 20 <br />out, it is not a permanent occurrence of parking for any particular vehicle. It is intermittent use and I can 21 <br />understand the other way, I am just making the argument that the entire gross, the entire gross land area 22 <br />qualifies. The ratio is calculated by multiplying the required ratio times the gross land area. 23 <br /> 24 <br />Jeff Schmitt: Mr. Buck makes the point that Mr. Harvey relied on three separate sections in the code, one of 25 <br />which relates to the parking and I think the comment was made something to the degree about incidental use, 26 <br />how is that referred to … we don’t provide 20 parking spaces for incidental use, do we? 27 <br /> 28 <br />Geof Gledhill: I am reading from Condition 27; provide 10 parking spaces to serve the above activities within the 29 <br />15 acre recreation area. 30 <br /> 31 <br />David Blankfard: When was this plat modified to its current condition? Did that void the special use? How does 32 <br />that process work? 33 <br /> 34 <br />Geof Gledhill: I don’t think I understand the question. 35 <br /> 36 <br />David Blankfard: What was the issue with the SUP dated 1986, October and it is different … How does that 37 <br />relate back to the SUP? 38 <br /> 39 <br />Geof Gledhill: The final plats that were recorded fleshed out the site plan that was part of the special use permit. 40 <br />Changes that were made in the minds of the planning staff, changes that were made from the site plan look to the 41 <br />final recorded plat look were minor changes that did not require a modification of the special use permit. 42 <br /> 43 <br />Larry Wright: Minor as defined by the ordinance? 44 <br /> 45 <br />David Blankfard: Which ordinance? 46 <br /> 47 <br />Geof Gledhill: I would argue that it is the 1986, the ordinance in effect when the special use permit was adopted. 48