BOA minutes 070918 - Laserfiche WebLink

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Approved 811312018 1 Barry Katz asked for clarification . He reviewed that the board had requested documents and his understanding is 2 that Andy Petesch has filed a motion in superior court opposing the subpoenas . Andy Petesch answered that he 3 filed an appeal of the decision but, not withstanding that appeal , there were certain aspects of the request 4 (certain information ) that the parties he represents had no objections to providing . 5 6 Barry Katz asked if superior court will decide this issue and not this board . Andy Petesch answered that it is his 7 assessment that the appeal has not impacted the status of the case before the board at this point . Prior to 8 August 13 , it may . 9 10 James Bryan requested that Karen Barrows ask for a motion to continue the hearing on this matter to August 13 , 11 Karen Barrows asked for the motion . 12 13 MOTION by Barry Katz to continue the hearing on this item to August 13 , 2018 , Susan Halkiotis seconded . 14 VOTE ; UNANIMOUS 15 16 AGENDA ITEM 6 : A-4- 18 — PUBLIC HEARING to review a Variance application from Section 17 3 . 7 Economic Development Districts — Economic Development Eno Low Intensity (EDE- 1) 18 general use zoning district for a parcel of property located at 4916 Old Hillsborough Road 19 ( PIN : 0803 =30 =4715 ) within the Eno Township . 20 21 In accordance with the provisions of Section 2 . 10 of the Orange County Unified Development 22 Ordinance ( UDO ) the applicants , Stone and Church Investments LLC , have applied for a 23 VARIANCE from side yard setback standards of the EDE - 1 general use zoning district . 24 Specifically the applicant is requesting a 15 ft . reduction in the 25 ft . required side yard setback for 25 a parcel of property at 4916 Old Hillsborough Road . 26 27 Michael Harvey extended apologies on behalf of the regular clerk of this board , Elaina Cheek . He explained Elaina 28 Cheek was not able to attend this meeting and so he is serving as clerk and staff liaison . 29 30 Michael Harvey reviewed the purpose of the public hearing and the pages in the agenda packet pertaining to this item 31 including ; the staff abstract beginning on Page 29 ; the application package beginning on Page 33 ; the site assessment 32 on Page 42 ; the Board of Adjustment notification materials beginning on Page 43 ; Attachment 4 , which is comments 33 from the adjoining property owner and staff beginning on Page 51 ; variance findings of fact beginning that are blank on 34 Page 53 . He noted that a completed Attachment 5 is on the table this evening with the evidence staff believes will be 35 given and at the appropriate time he will read into the record the filled out Attachment 5 , 36 37 Michael Harvey asked those who wished to provide testimony under evidence to be sworn in . Five people came 38 forward and were sworn in . 39 40 Michael Harvey asked the chair to enter the staff' s abstract packet including five attachments and two 11A7 copies 41 (one of the approved site plan and one of the revised site plan ) into the record . j 42 43 Samantha Cabe asked for a motion to accept the staff abstract with attachments into the record . 44 45 MOTION by Susan Halkiotis to accept the staff abstract with attachment into the record . Karen Barrows seconded . 46 VOTE : UNANIMOUS 47 3 48 Michael Harvey said in Fall 2017 the Orange County Planning Department began working with Stone and Church 49 Investments LLC to work on the redevelopment of 4916 Old Hillsborough Road . He showed an aerial photo , 50 Attachment 2 in the board packet. He noted the location of the adjacent privately maintained road/driveway along the 3