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Approved 11/8/2010
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<br />OC Board of Adjustment – 10/11/2010 Page 6 of 35
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<br />Please find attached copies of the following:
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<br />1. Application proposing the Camp/Retreat Center approved by the Board of Adjustment on April 14, 2010 4
<br />(Attachment A),
<br />2. Minutes from the April 14, 2010 Board of Adjustment meeting (Attachment B), 6
<br />3. Courtesy Notice – June 22, 2010 (Attachment C), 7
<br />4. Appeal Application (Attachment D), 8
<br />5. Section 8.7 of the Ordinance (Attachment E), 9
<br />6. Section 8.8.5 of the Ordinance (Attachment F),
<br />7. Section 23.2.4 of the Ordinance (Attachment G),
<br />8. Copy of approved Special Use Permit (Attachment H).
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<br />Michael Harvey: Mr. Chairman, very briefly first of all I would like staff’s abstract entered into the record for this
<br />proceeding, I would further like a copy of the Orange County Zoning Ordinance that is in effect and enforced at the time
<br />of this hearing as well as the approved Special Use Permit for the Ag Center entered into the record in order to establish
<br />the regulatory standards that were in force during the time this permit was approved and during this review of this
<br />appeal. What you have before you, as the Chairman has already pointed out, is an appeal of a decision referenced with
<br />a June 22, 2010 courtesy notice.
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<br />I am going to call your attention to page 54 of your abstract where we provide you the background on how we got to this
<br />stage. Essentially, on the 14th of April, 2008, a Class B Special Use Permit was issued allowing for the development of
<br />the Mapleview Farm Agricultural Center for the various uses that have been summarized on page 54. You will note that
<br />staff’s concerns are that there are additional activities occurring or that has been allowed to occur on the property that
<br />we have determined are inconsistent with this approved Special Use Permit. For the record, I will stipulate, on page 55,
<br />after reviewing the Special Use Permit and having a meeting with the applicant where they have provided some
<br />additional detail on the nature of the facilities operation, there is no longer any contention with respect to the ability of
<br />the applicant to hold a hands on farm lab and instructional classes for visitors to the facility. There is also no issue with
<br />the field trips or hayrides that are in association with those activities. We believe those are consistent with the Special
<br />Use Permit.
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<br />Our focus for you this evening, and I believe going to be the point of contention amongst the staff and the applicant, is
<br />going to be the addition of yoga instruction and classes, the holding of special events and fundraisers at the property,
<br />and the provision of rental of the space for private events such as family reunions, wedding receptions, birthdays, and
<br />holiday parties.
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<br />As you know, in reading Article 8, which is the guiding chapter of the Zoning Ordinance dealing with Special Use
<br />Permits, there is a procedure you have to go through to modify Special Use Permits. It is our contention this section has
<br />not been adhered to and as such the applicant was directed in a June 22, 2010 letter to come back before the Board of
<br />Adjustment to modify this Special Use Permit to include the additional uses. They initiated their salutatory and
<br />ordinance right to appeal this decision which is why we are here this evening.
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<br />In conclusion, Mr. Chairman, I will call to the Board’s attention the attachments that we have included. Attachment A is
<br />the original application proposing the development of the camp retreat center as approved by the Board of Adjustment.
<br />The minutes from that meeting, a copy of our courtesy notice, a copy of the appeal application, which is attachment D, a
<br />copy of Section 8.7 of the Ordinance, Attachment E. There is a copy of Section 8.8.5 of the Ordinance, which is
<br />attachment F, a copy of Section 23.2.4 of the Ordinance, which is attachment G, and a copy of the approved Special
<br />Use Permit, attachment H. Let me also state that on page 56 we have a typo, under numbers 1 and 2, the date should
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