Orange County NC Website
Draft August 13, 2018 <br />MINUTES1 <br />BOARD OF ADJUSTMENT2 <br />August 13, 20183 <br />REGULAR MEETING4 <br />5 <br />MEMBERS PRESENT:Karen Barrows, Vice Chair6 <br />Susan Halkiotis7 <br />Barry Katz8 <br />Randy Herman9 <br />10 <br />STAFFPRESENT:Michael Harvey, Current Planning Supervisor11 <br /> Patrick Mallett, Planner II12 <br /> James Bryan, Staff Attorney13 <br /> 14 <br />AGENDA ITEM 1: CALL TO ORDER15 <br />Vice Chair Karen Barrows called the meeting to order at 7 p.m.16 <br />17 <br />AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA18 <br />There was none.19 <br />20 <br />AGENDA ITEM 3: APPROVAL OF MINUTES – July 9, 2018 Barry mentions two sets of minutes21 <br />It was noted that the word “statue” needed to be replaced by “statute” in several places. 22 <br />MOTION by Barry Katz to approve the July 9, 2018, minutes. Susan Halkiotis seconded.23 <br />VOTE:UNANIMOUS24 <br />25 <br />AGENDA ITEM 4: PUBLIC CHARGE 26 <br />Barry Katz read the public charge. 27 <br />28 <br />The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct 29 <br />themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any30 <br />member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the 31 <br />meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting32 <br />until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, 33 <br />pagers, and computers should please be turned off or set to silent/vibrate.34 <br />35 <br />The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 36 <br />regulations and State law to perform specified functions essential to the County’s planning program. Action(s) taken by the 37 <br />board are based solely on competent, substantial, and material evidence presented during a previously scheduled and 38 <br />advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board chair reserves the 39 <br />right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and 40 <br />therefore fails to reasonably address the issues before the Board of Adjustment. While it should be noted there is no time 41 <br />limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established 42 <br />policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties.43 <br />44 <br />45 <br />AGENDA ITEM 5: A-3-18 – PUBLIC HEARING TO CONTINUE REVIEW of an application 46 <br />appealing the final determination of the Planning Director, as articulated in an October 13, 47 <br />2017, letter, concerning a parcel of property located at the intersection of Morrow Mill and 48 <br />Millikan Roads (PIN: 9729-50-7168)owned/operated by Southeast Property Group LLC (a.k.a. 49 <br />Wild Flora Farm) care of Ms. Kara Brewer. 50 <br />3