Orange County Approved BOA Minutes 20 12 14

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Approved 08/09/2021 1 package) denoting the location of proposed structures and septic systems. Mr. Harvey further indicated the structure 2 and septic system would be located within the required stream buffer and that without the variance the parcel would be 3 virtually impossible to develop. 4 5 Chair Meyers asked Mr. Harvey about page 27 (map denoting an 80 ft. and 50 ft. stream buffer). Mr. Harvey indicated 6 the map was for illustrative purposes and that there was a note indicating which line constituted the 80 ft. required 7 County buffer as well as the 50 ft. applicant requested buffer along the western portion of the stream. 8 9 Mr. Scott asked Mr. Harvey to clarify if the County was requiring both an active septic area and repair field for this 10 property. Mr. Harvey indicated Orange County Environmental Health was requiring both an active septic area and 11 repair area for this property. This was also complicating development of the property and necessitating the request for 12 a variance from the County stream buffer standards. 13 14 Chair Meyers asked if there was a difference in the maps provided on pages 39 and 41 of the application. Mr. Harvey 15 indicated it was the same map but serving separate purposes as denoted by the applicant within the narrative. 16 17 Mr. Harvey brought the applicant into the meeting room. Chair Meyers reviewed the meeting cadence with the 18 applicant. 19 20 Kevin Hornik indicated he was the attorney representing the applicant for Case A-3-20, specifically Mr. Alexander 21 Dodson. Ms. Cheek swore in Mr. Hornik. 22 23 Mr. Hornik indicated he was an attorney with the Brough Law firm in Chapel Hill NC. Mr. Dodson is the owner of a 24 parcel of property identified by staff in their agenda abstract that is subject to a variance request. Mr. Hornik informed 25 the Board that as Mr. Dodson is the legally identified owner of the property, under applicable local and State provisions 26 he has standing to bring the request. 27 28 Mr. Hornik provided the Board will a copy of a presentation on the substantive issues of the request including copies of 29 applicable deeds substantiating Mr. Dodson's ownership of the property as part of proving standing. 30 31 Mr. Hornik indicated Mr. Dodson would be offering testimony at the appropriate time demonstrating the need for the 32 variance and indicated they had an expert witness, specifically Mr. Steve Doyle (local realtor), related to the hardship 33 element of the request. 34 35 Chair Meyers asked if staff had concerns over Mr. Dodson's standing. Mr. Harvey indicated he did not. 36 37 MOTION made by Vice-chair Halkiotis finding that Mr. Dodson was the owner of the subject property and had standing 38 to apply for the variance, seconded by Chair Meyers. 39 VOTE: Unanimous. 40 41 Chair Meyers thanked the parties for their efforts and understanding on the need for the bifurcated meeting. Mr. Hornik 42 asked if their presentation of Mr. Doyle's credentials as an expert witness should be handled now or at the January 43 meeting. Chair Meyers indicated it would be handled at the January meeting. 44 45 Chair Meyers asked for a motion to adjourn the meeting to January 11, 2021 to conduct the evidentiary component of 46 the request. 47 MOTION made by Vice-chair Halkiotis adjourning the public hearing for Case A-3-20 to January 11, 2021 in order to 48 conduct the evidentiary component of the hearing, seconded by Mr. Scott. 49 VOTE: Unanimous. 50 4