Orange County Approved BOA Minutes 20 12 14

Browse Search

Approved 08/09/2021 1 required to do more than simply state that they live in the vicinity of the subject property and allege action on a proposal 2 will harm property values. The party asserting standing must provide documentation of the secondary impacts for the 3 Board to consider. 4 5 Mr. Qandil asked if we were not in a COVID protocol, that staff would complete a detailed analysis of an applicant's 6 claim to standing. Mr. Bryan indicated the main issue here was that during a non-COVID meeting, there would be 7 members of the public in the meeting room who could object at any time to an applicant's argument or assertion of 8 standing or their presentation of evidence. We do not have this flexibility due to the need for compliance with State and 9 County COVID protocols. Mr. Bryan indicated staff has taken the necessary steps to ensure legal sufficiency so that 10 decisions cannot be challenged on a procedural error and that while it is cumbersome, the cadence set up by staff is 11 merely an attempt to ensure proper procedures are followed during this pandemic. 12 13 There was general discussion on the cadence of review and on the Board's responsibility with respect to determining 14 standing. 15 16 AGENDA ITEM 4: PUBLIC CHARGE 17 18 The public charge was not read. 19 20 AGENDA ITEM 6: Case A-3-20 Quasi-judicial hearing to review a Variance Application requesting a 30' 21 reduction to required County stream buffers. 22 23 Chair Meyers called the case and asked the clerk to swear in Mr. Harvey. Ms. Cheek swore in Mr. Harvey. 24 25 Mr. Harvey summarized the case as follows: 26 27 In accordance with UDO Sections 2.10 Variances and 6.13 Stream Buffers, the property owners have submitted this 28 variance request for their parcel of property, which is further described as follows: 29 • Parcel Identification Number(Orange County): 9890-08-8119 30 • Acreage: 1 acre 31 • Zoning District:Rural Buffer 32 • Watershed Designation: Property is not located within a Protected or Critical watershed overlay district. 33 The applicants are requesting a 30 ft. variance from the normally required 80 ft. County stream buffer along the western 34 boundary of the existing water feature. If approved, development on the property would abide by a 50 ft. buffer from an 35 existing stream. 36 The applicant's argue the required 80 ft. stream buffer prevents development of the property. There is only a 30 ft. area 37 where a single-family residence and septic system could be located. The topography of the lot also limits options with 38 respect to where the proposed residence/septic system can be located and still conform with other applicable land use 39 regulations (i.e. property line setbacks) and Environmental Health standards (i.e. septic system and well setbacks). 40 If the variance is approved, the property could be developed and utilized for residential purposes while a 50 ft. stream 41 buffer is observed from the western side of the existing stream. 42 43 Mr. Harvey provided the Board with the page numbers of the abstract and various attachment(s) associated with case 44 A-3-20. Mr. Harvey reminded the Board the County's stream buffer standards exceed minimum State requirements, 45 consistent with applicable enabling legislation, and that the applicant's request will not impact the State required 50 ft. 46 stream buffer area. Mr. Harvey summarized the applicant's site plan (Attachment 1 of the December 14, 2020 abstract 3