BOA minutes 050718 - Laserfiche WebLink

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APPROVED JULY 9, 2018 49 offending person to leave the meeting until that individual regains personal control. Should decorum fail to be 50 restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is 51 observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or 52 set to silent/vibrate. 53 54 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions 55 of local regulations and State law to perform specified functions essential to the County's planning program. 56 Action(s) taken by the board are based solely on competent, substantial, and material evidence presented 57 during a previously scheduled and advertised public hearing on a specific item. As detailed within Section 58 2.12.2 of the UFO the Board chair reserves the right to exclude evidence and testimony that is deemed: 59 incompetent, irrelevant, immaterial, or unduly repetitious'and therefore fails to reasonably address the issues 60 before the Board of Adjustment. While it should be noted there is no time limit on the presentation of 61 evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules of 62 procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 63 64 65 AGENDA ITEM 5; CASE A-3-18 — Public Hearing to begin reviewing an 66 application appealing the final determination of the Planning Director, as 67 articulated in an October 13, 2017, letter, concerning a parcel of property 68 located at the intersection of Morrow Mill and Millikan Roads (PIN: 9729-50- 69 7168) owned/operated by Southeast Property Group LLC (a.k.a. Wild Flora 70 Farm) care of Ms. Kara Brewer. 71 72 Review of this item at the May 7, 2018, meeting shall be limited to the Board 73 reviewinglacting on a request from the applicant to issue subpoenas 74 compelling the submittal of information deemed essential to the proceeding. 75 76 Karen Barrows asked whether there was anyone who wished to speak who needed to be sworn in. 77 78 Michael Harvey said two attorneys would be presenting arguments this evening concerning the issuance of 79 subpoenas. `there would be no need to swear in witnesses unless either attorney wished to call one for 80 testimony. 81 82 Michael Harvey said this is a convening of a hearing to begin reviewing an appeal application concerning 83 the October 13, 2017, determination made by the Planning Director. He noted that in the abstract the 84 attorneys for the applicants as well as the impacted property owners have filed a joint request that is 85 contained in Attachment 2 beginning on Page 62 of the agenda packet that the board first address the 86 denial of the subpoena request by the vice chair. That is the sole discussion point for this evening. Both 87 attorneys have requested that after the Board of Adjustment has made a decision on the subpoenas that 88 action on the appeal itself be delayed until a future meeting. 89 90 Barry Katz asked for clarification that the Board of Adjustment will hear this again. Michael Harvey said yes, 91 the Board of Adjustment will hear the merits of the appeal at a future meeting. 92 93 Karen Barrows stated that the reason she had decided not to sign the subpoenas was that Barry Katz and 94 Susan Halkiotis have heard quite a bit of testimony about this issue. She knew if she refused, it would 95 come before this board and her fellow board members would be able to give input as well. 96 97 Michael Harvey summarized the abstract;Attachment 1, pages 3-65, is the appeal application and 98 subpoenas request. Attachment 2, beginning on Page 66, is the joint correspondence concerning review of 2