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Draft 12.9.19 2 person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the 1 Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All 2 electronic devices such as cell phones, pagers, and computers should please be turned off or set to 3 silent/vibrate.4 5 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of 6 local regulations and State law to perform specified functions essential to the County’s planning program. 7 Action(s) taken by the board are based solely on competent, substantial, and material evidence presented during 8 a previously scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the 9 UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: ‘incompetent, 10 irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues before the Board 11 of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks that 12 the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of 13 decorum to ensure a fair and equitable hearing for all parties. 14 15 AGENDA ITEM 5: A-2-19 – Public Hearing reviewing the Appeal of a decision concerning a parcel of property 16 located at 1019 US Highway 70 West (PIN 9865-30-9692). 17 In accordance with the provisions of Section 2.11 and 2.26 of the Orange County Unified Development 18 Ordinance (UDO) the applicants have appealed a decision of the Planning Director, as articulated within an 19 August 9, 2019 letter. 20 The determination is related to a flag displayed at 1019 US Highway 70, further identified utilizing Orange 21 County Parcel Identification Number (PIN) 9865-30-9692, owned by Robert and Dorothy Hall Jr zoned 22 Agricultural Residential (AR).23 Staff determined the flag exceeded the 24 sq.ft. size limit, as detailed in Section 6.12.12 (A) (1) of the UDO, for a 24 residentially zoned parcel of property. The applicants allege they will suffer damages from the enforcement of 25 the UDO, specifically the limit on the size of flags that can be displayed within a general use residential zoning 26 district, and request relief. 27 James Bryan: If I may, as the meeting has been called to order it would be appropriate to swear in all witnesses. 28 29 Michael Harvey administered the oath. 30 31 James Bryan: Mr. Harvey if you would like to go ahead and present the evidence from staff. 32 33 Michael Harvey reviewed staff’s abstract outlining the background and nature of the appeal. He then asked for staff’s 34 abstract and the 2 attachments, including the appeal application submitted by Robert and Dorothy Hall Jr. (Attachment 35 1) and staff’s Board of County Commissioner abstract package from the May 25, 2018 public hearing (Attachment 2) be 36 entered into the record. 37 38 Randy Herman: Yes, I will accept it into the record. 39 40 Michael Harvey: As detailed in the abstract on May 15, 2018 the Orange County Board of Commissioners adopted 41 regulations in Section 6.12.12 of the Orange County Unified Development Ordinance (UDO) governing the size and 42 display of flags. In residential zoning districts, regulations established a three flag limit and one flagpole limit with flags43 no larger than 24 sq.ft. in area. In all other non-residential zoning districts there can be up to three flags and three 44 flagpoles with the maximum size of 96 sq.ft. per flag. An amortization policy adopted at that time gave all legally 45 erected flags, again erected prior to the adoption of the ordinance on May 15, 1028, one year to come into compliance 46 with the UDO. May 15, 2019 marked the end of the amortization period, and staff began countywide inspections to 47 ascertain if property owners were in compliance with the applicable flag size limit standards. There were 12 identified 48 violators and letters were sent out on August 9, 2019 to those property owners informing them their flags were 49