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