Orange County NC Website
Browse       Search
76 <br /> DRAFT <br /> 441 <br /> 442 Lydia Wegman: So, basically you are voting to approve it but just advise them that we had some concerns. <br /> 443 <br /> 444 Hunter Spritzer: Yeah. <br /> 445 <br /> 446 Carrie Fletcher: I would like to know what your feeling are, I would like to know. <br /> 447 <br /> 448 Michael Harvey: I quite frankly feel that there are some statements that have been made here tonight that are <br /> 449 inconsistent with facts and how this language was added. That's very unfortunate. I think that there is and has always <br /> 450 been a burden of persuasion for an applicant engaging in a Variance, Interpretation or Special Use Permit. That is just <br /> 451 simple fact. An applicant has the obligation to persuade whatever Board he or she is going before that they are correct <br /> 452 and that the information they are providing demonstrates the project complies with applicable standards. How they <br /> 453 persuade that Board they are correct is with the submission of competent material and substantial evidence in the form <br /> 454 of testimony, exhibits, documents, models, plans and other materials that the applicant is intending to use to persuade <br /> 455 whatever board the request meets the requirements for whatever,Variance Interpretation or Special Use Permit. I think <br /> 456 that James's concern about establishing references to this existing burden,while some may believe is implicit in the <br /> 457 ordinance, that the specific language needs to be added was reasonable which was why I added it. The fact that you <br /> 458 all don't agree, that's your prerogative but some of the comments made about how this language got in here and what <br /> 459 my purported motives are is a little unfortunate and somewhat insulting. <br /> 460 <br /> 461 James Bryan: Wait,from me? <br /> 462 <br /> 463 Michael Harvey: From the group. <br /> 464 <br /> 465 James Bryan: Oh,you can clarify if I was wrong, if I misspoke. <br /> 466 <br /> 467 Michael Harvey: This language was put in there to address a concern over legal sufficiency and after 45 minutes of you <br /> 468 and I coming to an understanding of what those concerns are, I thought what was crafted was reasonable. I don't <br /> 469 necessarily believe this was added....it wasn't something that I thought was 100% necessary to add to begin with which <br /> 470 is why you and I had 45 minute of discussion on it. I understood you concern and attempted to address it because part <br /> 471 of my role with this project is to address concerns over legal sufficiency. <br /> 472 <br /> 473 James Bryan: Ok <br /> 474 <br /> 475 Carrie Fletcher: From what I am seeing, as everyday citizens, I think I feel that we have an obligation to try to protect <br /> 476 the everyday citizenry and if that came across then I am not going to apologize but I understand that you see it from a <br /> 477 different side than we do and if that's confrontational, I apologize and I don't mean to come across..... <br /> 478 <br /> 479 Michael Harvey: I guess what I'm getting offended at is that the perception that I am not interested in protecting the <br /> 480 common citizenry or that I am simply adding this language as some form of barrier for common citizens hindering their <br /> 481 ability to get approvals of variances, interpretations,or special use permits. Further that somehow I concocted all of this <br /> 482 all on my own which is inconsistent with the facts. That is incredibly insulting. <br /> 483 <br /> 484 Carrie Fletcher: Maybe we all get a little over defensive about it. I don't mean to be offensive but I think in this <br /> 485 environment of government everyone gets a little edgy about making sure we're protected in a way then verbiage is <br /> 486 correct. <br /> 487 <br /> 488 Lydia Wegman: So, I'm just going to jump in here and say I think that, I hope we all respect one another and that I feel <br /> 489 and I think this is true of the Board that we all very much respect Michael,James and Craig and the work that you do <br /> 490 and that we recognize that you are trying to serve all the citizens of Orange County in a fair way recognizing that some <br /> 491 of these things are complicated and difficult for individuals to make sense of and you are trying to be as clear as <br /> 492 possible so that everyone looks at this code and understands what is required. No one is suggesting, I don't believe <br /> 493 anyone is in this room is suggesting that there was anything other than that motivating this effort. The fact that some of <br /> 494 us may be confused or concerned about this language is the way we are reading it but that has nothing to do with what <br />