BOA minutes 121012 - Laserfiche WebLink

Browse Search

Approved 6/10/2013 OC Board of Adjustment – 12/10/2012 Page 5 of 6 Brian Ferrell: If you are saying you heard his testimony and going by what he said, if you 1 say, “Mr. Leath was the aggrieved party with respect to possible impact of property value and 2 possible well contamination”? 3 4 Mark Micol: Right. That is actually what I say on page 27. 5 6 Sahana Ayer: On page 19, line 1008 should read, “…defined what a building is. It clearly 7 states in the decision that it is not intended by the legislature…”. 8 9 Steve Keadey: I have a question about listening to the tape again. On page 5, line 241 10 reads, “Preserve Rural Orange is a citizen non-profit founded 40 years ago”. That may be the 11 case but my understanding is that it may be a shorter time than that. 12 13 Brian Ferrell: Secretary of State Records do reflect a shorter duration so I think it would be 14 appropriate for the board to direct the secretary to listen to the tape. If she said 40, it should 15 be 40 but I understand counsel’s questions because the entity was not formed 40 years ago. 16 17 MOTION to approve minutes with corrections by Dawn Brezina. Seconded by Mark Micol. 18 Vote: Unanimous 19 20 AGENDA ITEM 4: PUBLIC CHARGE 21 22 The Board of Adjustment pledges to the citizens of Orange County its respect. 23 The Board asks its citizens to conduct themselves in a respectful, courteous 24 manner, both with the Board and with fellow citizens. At any time should any 25 member of the Board or any citizen fail to observe this public charge, the Chair 26 will ask the offending person to leave the meeting until that individual regains 27 personal control. Should decorum fail to be restored, the Chair will recess the 28 meeting until such time that a genuine commitment to this public charge is 29 observed. All electronic devices such as cell phones, pagers, and computers 30 should please be turned off or set to silent/vibrate. 31 32 The Board of Adjustment is a quasi-judicial administrative body established in 33 accordance with the provisions of local regulations and State law to perform specified 34 functions essential to the County’s planning program. Action(s) taken by the board are 35 based solely on competent, substantial, and material evidence presented during a 36 previously scheduled and advertised public hearing on a specific item. As detailed 37 within Section 2.12.2 of the UDO the Board chair reserves the right to exclude 38 evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly 39 repetitious’ and therefore fails to reasonably address the issues before the Board of 40 Adjustment. While it should be noted there is no time limit on the presentation of 41 evidence, the Chair asks that the presentation of evidence be consistent with 42 established policies, rules of procedure, and acceptable levels of decorum to ensure a 43 fair and equitable hearing for all parties. 44 45