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MINUTES 1 BOARD OF ADJUSTMENT 2 August 13, 2018 3 REGULAR MEETING 4 5 MEMBERS PRESENT: Karen Barrows, Vice Chair 6 Susan Halkiotis 7 Barry Katz 8 Randy Herman 9 10 STAFF PRESENT: Michael Harvey, Current Planning Supervisor 11 James Bryan, Staff Attorney 12 13 AGENDA ITEM 1: CALL TO ORDER 14 Vice Chair Karen Barrows called the meeting to order at 7 p.m. 15 16 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 17 There was none. 18 19 AGENDA ITEM 3: APPROVAL OF MINUTES – July 9, 2018 Barry mentions two sets of minutes 20 It was noted that the word “statue” needed to be replaced by “statute” in several places. 21 MOTION by Barry Katz to approve the July 9, 2018, minutes. Susan Halkiotis seconded. 22 VOTE: UNANIMOUS 23 24 AGENDA ITEM 4: PUBLIC CHARGE 25 Barry Katz read the public charge. 26 27 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct 28 themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any 29 member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the 30 meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 31 until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, 32 pagers, and computers should please be turned off or set to silent/vibrate. 33 34 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 35 regulations and State law to perform specified functions essential to the County’s planning program. Action(s) taken by the 36 board are based solely on competent, substantial, and material evidence presented during a previously scheduled and 37 advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board chair reserves the 38 right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and 39 therefore fails to reasonably address the issues before the Board of Adjustment. While it should be noted there is no time 40 limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established 41 policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 42 43 44 AGENDA ITEM 5: A-3-18 – PUBLIC HEARING TO CONTINUE REVIEW of an application 45 appealing the final determination of the Planning Director, as articulated in an October 13, 46 2017, letter, concerning a parcel of property located at the intersection of Morrow Mill and 47 Millikan Roads (PIN: 9729-50-7168) owned/operated by Southeast Property Group LLC (a.k.a. 48 Wild Flora Farm) care of Ms. Kara Brewer. 49 Staff Attorney James Bryan said in past cases, he has given an opening statement about what is quasi-judicial and 50 what is not to clear confusion. He explained the Board of Adjustment appeals procedure. He simplified that facts can be 51 DRAFT MINUTES 8.13.18 3