Orange County Approved BOA Minutes 21 01 11

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Approved 8/9/2021 1 Vice-chair Halkiotis asked if the Board will need to vote on the three general findings detailed in Section 5.3.2 of the 2 UDO. Mr. Harvey indicated the findings detailed in Section 5.3.2 are associated with special use permit applications 3 and not variance requests. Vice-chair Halkiotis said the Board would have to vote on the findings detailed on pages 59 4 and 60 of the abstract package (Attachment 4) to which Mr. Harvey said she was correct. 5 6 Chair Meyers thanked Mr. Harvey and asked if there were any other questions. 7 8 MOTION made by Chair Meyers to close the public hearing, seconded by Vice-chair Halkiotis. 9 VOTE: Unanimous. 10 11 Chair Meyers asked what was the pleasure of the Board related to the disposition of the variance request. 12 13 Vice-chair Halkiotis said she was in favor of granting the variance given the evidence in the record. Messrs Kent Qandil 14 and Jeff Scott agreed there was sufficient justification for the variance and noted a lack of available evidence in the 15 record refuting the applicant's claims. Vice-chair Halkiotis said she felt better about potentially grating the variance 16 given staff's testimony as well. Mr. Qandil said the facts speak for themselves. 17 18 Chair Meyers reminded the Board the vote needs to be unanimous to grant the variance, as there were only four Board 19 members present. 20 21 MOTION made by Mr. Qandil to approve the variance making the findings contained in Attachment 4 of the abstract 22 (pages 59 and 60) based on the evidence listed on same, seconded by Vice-chair Halkiotis. 23 VOTE: Unanimous. 24 25 Chair Meyers thanked the Board and informed the applicant the variance was granted. He thanked the applicant for 26 their time and patience as well as adherence to the County's COVID meeting protocols. 27 28 The Board took a break to allow staff to clean tables and common areas in advance of the next case. 29 30 Chair Meyers confirmed with Mr. James Bryan that action on a special use permit (approve or deny) was simply 31 majority of the members. Mr. Bryan indicated Chair Meyers was correct in his assertion. 32 33 AGENDA ITEM 6: Case A-4-20— Evidentiary hearing to review a Class B Special Use Permit application for 34 a recreational facility off Old Greensboro Highway. 35 36 Chair Meyers asked for a motion to reopen the evidentiary hearing. 37 38 MOTION made by Vice-chair Susan Halkiotis to reopen the evidentiary hearing on Case A-4-20, seconded by Mr. Scott. 39 VOTE: Unanimous. 40 41 Chair Meyers declared the hearing open and thanked all those in attendance for observing mask protocols and 42 maintaining social distancing. Chair Meyers asked parties in attendance to identify themselves for the record. 43 44 David Mufuka, Attorney for the applicant, 45 Mr. and Mrs. Vishwanath Patil and Vintha Cardoza, the applicant and property owner, 46 Mr. Tim Hess, landscape architect and surveyor for the project, 47 Mrs. Laura Lloyd, 1600 Holly Creek Lane, 48 Mr. Carl Lloyd, 1600 Holly Creek Lane (property adjacent to applicant's property), 49 Ms. Virginia Ferguson, local realtor and resident in the area, 50 5