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APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 1 of 86 <br />1 2 <br />3 4 <br />5 <br />6 <br />7 8 <br />9 <br />10 <br />11 12 <br />13 14 <br />15 <br />16 <br />17 18 <br />19 20 <br />21 22 <br />23 24 <br />25 26 27 <br />28 <br />29 30 <br />31 32 <br />33 <br />34 <br />35 36 <br />37 <br />38 <br />39 40 <br />41 <br />42 <br />43 44 <br />45 <br />46 <br />47 48 <br />49 <br />50 <br />51 52 <br />53 <br />54 <br />MINUTES <br />ORANGE COUNTY BOARD OF ADJUSTMENT <br />MARCH 8, 2010 <br /> <br />MEMBERS PRESENT: Jeffrey L. Schmitt, Chair <br /> Tom Brown, Vice Chair <br /> David Blankfard, Alternate <br /> Dawn Brezina <br /> James Carter <br /> Mark Micol, Alternate <br /> <br />STAFF PRESENT: Michael Harvey, Zoning Enforcement Officer <br />Debra Graham, Board Secretary <br /> <br />OTHERS PRESENT: John Roberts, County Attorney <br /> <br /> <br />1. CALL TO ORDER <br />Jeffrey Schmitt: This is the regularly scheduled meeting of the Orange County Board of Adjustment and we have a quorum. <br />Let me make a comment about voting, David, I believe you are the senior alternate so when it comes to voting, it will be five <br />of us. <br /> <br />2. CONSIDERATION OF ADDITIONS TO AGENDA <br />Jeffrey Schmitt: Are there any additions to the agenda? Hearing none, the next item is the approval of the minutes. <br /> <br />3. APPROVAL OF MINUTES <br />a. February 8, 2010 <br /> <br />Jeffrey Schmitt: I am going to delay the approval of minutes to the next meeting due to time limitations. <br /> <br />4. A-8-09 CANINE COLLEGE – CLASS II KENNEL AT 719 NEW HOPE CHURCH ROAD. <br /> <br />Jeffrey Schmitt: This is a continuation of the hearing deferred from last month on February 8. I have a couple of comments <br />before I read the summary of this case and we have the presentation. <br /> <br />I am going to swear in everyone at the beginning. If you are going to make comments and/or offer testimony here we are <br />going to swear everyone in at once. This is a quasi-judicial meeting. These minutes will be recorded and approved and <br />available to anyone and the courts if this case is appealed to a higher level. <br /> <br />I would also remind everyone that there is no hearsay evidence so if there is a member of the audience who is going to talk; <br />you have to talk about things you know first hand and not things you have heard someone else talk about. In addition, the <br />evidence presented here needs to be competent and substantial. It can’t be your opinion about something, it needs to be <br />documented and approved by people who have a record of being in the profession or working in an industry that they can <br />document that they have done that and they are competent to talk about that stuff. <br /> <br />As we proceed in the case today, in the essence of trying to make this go as quickly as we can understanding we will be <br />here for a while, after each witness, if available, that witness will be cross-examined by Mr. Maitland and/or Mr. Herman, <br />whichever it may be at that time and then the board will also have the opportunity to ask the witness questions before we go <br />any further to keep everybody aware of the points and comments made. <br /> <br />I remind the board that after we have heard all the evidence and all the rebuttal testimony, we will close the public hearing <br />and we will vote and discuss the case. I bring the board’s attention to page 142. There are three findings which we will talk <br />about. The maintenance and promotion of the public health, safety and general welfare, property value and the location and <br />character if developed according to the plan so that it will be in harmony. Those are the three areas you need to keep in