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74 <br /> DRAFT <br /> 331 <br /> 332 Kim Piracci: Is it not already that way? <br /> 333 <br /> 334 Hunter Spitzer: From precedent it seems like this is already the expectation. It was an implied expectation that the <br /> 335 applicant would have the burden of persuasion and now we are putting it into concrete text. If you are going for a <br /> 336 Special Use Permit or a Variance you will probably need a lawyer anyway, so I believe the process is the same, and I <br /> 337 don't think this makes it any more difficult if you already have a lawyer. <br /> 338 <br /> 339 Adam Beeman: No, but it can discourage someone from doing it in the first place. We can vote, but we will obviously <br /> 340 we will not get anywhere with me. <br /> 341 <br /> 342 Lydia Wegman:Where you say the applicant shall have the burden of persuasion on those issues. What issues are <br /> 343 you referring to? If I'm understanding correctly James, you're trying to say the first sentence is about the burden of <br /> 344 production and the second sentence is about the burden of persuasion? <br /> 345 <br /> 346 James Bryan: I don't have it in front of me. <br /> 347 <br /> 348 Lydia Wegman:When you were drawing the distinction,you were saying the burden of proof consists of the burden of <br /> 349 production and the burden of persuasion. <br /> 350 <br /> 351 James Bryan: I believe the first sentence was what's currently in our UDO and what I believe is the definition of burden <br /> 352 of production. <br /> 353 <br /> 354 Lydia Wegman:We have this new burden of persuasion language which was not there before with reference to issues, <br /> 355 but the first sentence doesn't actually reference specific issues. <br /> 356 <br /> 357 James Bryan: It should reference the standards for whatever section is applicable. <br /> 358 <br /> 359 Lydia Wegman: It's confusing for an applicant to know the issues. If we are going to keep the burden of persuasion <br /> 360 language, I think it needs to be clarified. <br /> 361 <br /> 362 James Bryan: It might have been a copy and paste from Durham where it should have been specified. <br /> 363 <br /> 364 David Blankfard: Since burden of persuasion is a legal term that is not quite obvious to Iaypeople, is there a way that we <br /> 365 can italicize it so people can Google"burden of persuasion"as opposed to Googling each word, because it means a <br /> 366 whole host of legal implications. <br /> 367 <br /> 368 James Bryan: I always recommend that ordinances be unaltered and just plain, simple rules. At 600 pages it will never <br /> 369 be user friendly. What you do then is create forms and pamphlets to educate the public. I think forms like the <br /> 370 application, a fill in the blank type of thing, along with pamphlets. <br /> 371 <br /> 372 Kim Piracci: Does Michael have to go back and correct or improve that imperfection that you brought up? <br /> 373 <br /> 374 Michael Harvey:You don't want to know what Michael is thinking right now. <br /> 375 <br /> 376 Kim Piracci: Can we call this to vote or do we have to come back for it because there's an imperfection? <br /> 377 <br /> 378 James Bryan: I would always advise against coming up with language on the spur of the moment, but if you were to say <br /> 379 relevant issues I think that clarifies it. It's one word and describes the issues. <br /> 380 <br /> 381 Michael Harvey: I'm not signing off on that. I am not comfortable with that suggestion at this time. <br /> 382 <br /> 383 Kim Piracci: So,we can't vote on this tonight, anyway? <br /> 384 <br /> 385 Lydia Wegman:We can vote on the language as it sits before us. <br />