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Approved 3/14/2011 OC Board of Adjustment – 11/8/2010 Page 4 of 43 The following individuals were sworn in: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Greg Andrews Frederick L. McAdoo Keith Askew LaToya Wilkins Mickey Purcell Adele Mittelstadt Stan Smith Jay Parker Dickie Andrews Katherine Cole B. Moore Kuller Michael Harvey: Mr. Andrews and I have a relationship outside this office. Mr. Andrews is a contractor who has worked at my mother’s house and when my mother passed away and I inherited it he continued to work on the residence and is currently engaged in a construction project at the residence in question. It is important that you understand that we have a relationship that will obviously not influence my decision or will not influence my testimony here. Michael Harvey then presented the case. 5. A-4-10 – Recreational Facility (Non-Profit) – baseball field on property located at the intersection of Gaines Chapel Road and Southern Drive. Ms. Shannon Andrews is requesting the issuance of a Class B Special Use Permit to allow for the development of a Recreational Facility (Non-Profit) on two (2) parcels of property located at the intersection of Gaines Chapel Road and Southern Drive. Specifically, the application proposes the development of a baseball field on a two (2) acre parcel (TMBL 3.35.C.6 / PIN 9844-67-9028) and a point seven (.7) acre parcel (TMBL 3.35.C.6A / PIN 9844-77-1102) owned by the Junious Loftin Heirs. As detailed within the application, local residents originally used the properties as a baseball field. The applicant is seeking to re-establish this use and develop a small concession stand housing storage, office, and bathroom facilities. Michael Harvey: On page 37, you have staff’s abstract concerning the case. This abstract has abstract Attachment A beginning on page 45 of the application. Within this portion, you will find the narrative, the report issued by Mr. Vic Knight concerning the Impact Analysis for the development of this proposed athletic field. Attachment B is an aerial photograph denoting the two properties subject to this application. Attachment C is staff’s correspondence including memorandum from the Orange County Health Department, memorandum from the Orange County Fire Marshall and our correspondence to the property owners. Attachment D is our Findings of Fact. Also, you have a statement before you required by the Orange County Planning staff submitted by the applicant in accordance with requirement for Section 8.8.21.1 Subsection E, the statement indicating there should be no adverse impact. The applicant is required to reaffirm what is going to be occurring on the property. In this case, it will be a baseball and softball field. The applicant is stipulating they will not allow this parcel of property be rented out for special events such as concerts, carnivals, yard sales, fundraisers, etc. or any land use inconsistent with the proposed recreational use as delineated on your site plan and contained within this application. Further, the applicant has written within the statement there will not be any outdoor athletics erected as part of this application. You also have offers for sale and purchase executed by Shannon and Greg Andrews. Greg Andrews being Ms. Andrews’ husband of THD Construction and Junious Loftin. Staff required that as proof that the Loftin heirs had to sell the property to the Andrews based on this application. Thomas Brown: Should these be entered in as exhibits or included as part of the package? Michael Harvey: As part of the package and staff will move it at an appropriate time for the formation of the record from staff’s standpoint.