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Approved 10/11121 <br /> 1 person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the <br /> 2 Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All <br /> 3 electronic devices such as cell phones, pagers, and computers should please be turned off or set to <br /> 4 silent/vibrate. <br /> 5 <br /> 6 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of <br /> 7 local regulations and State law to perform specified functions essential to the County's planning program. <br /> 8 Action(s) taken by the board are based solely on competent, substantial, and material evidence presented during <br /> 9 a previously scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the <br /> 10 UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: `incompetent, <br /> 11 irrelevant, immaterial, or unduly repetitious'and therefore fails to reasonably address the issues before the Board <br /> 12 of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks that <br /> 13 the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of <br /> 14 decorum to ensure a fair and equitable hearing for all parties. <br /> 15 <br /> 16 <br /> 17 <br /> 18 AGENDA ITEM 5: CHAIR/NICE-CHAIR COMMENTS <br /> 19 <br /> 20 <br /> 21 AGENDA ITEM 6 : CASE BA21-0002-VARIANCE <br /> 22 In accordance with Section(s) 2.10 Variances of the Unified Development Ordinance (hereafter `UDO'), Duke Energy and <br /> 23 submitted a VARIANCE request from Section 5.9.2 (5) Electrical Substations, Switching and Metering Stations, and <br /> 24 Associated Transmission Lines, Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv) requiring a Type E land use <br /> 25 buffer(i.e.75 ft. land use buffer)for electrical substations. <br /> 26 If approved, development would include the upgrading of the existing electrical substation, placement of additional <br /> 27 gravel impervious area, and development of a stormwater control measure (SCM)within the required 75 ft. land use <br /> 28 buffer <br /> 29 Leon Meyers: Called read the case item and asked for Mr. Harvey to be sworn. Ms. Cheek swore in Mr. Harvey. <br /> 30 Michael Harvey: Presents the short summary of details about the case. This is variance request for a parcel of property <br /> 31 located at 1910 White Cross Road with a Parcel Identification Number(PIN) of 9748-43-2367. Specifically the applicant <br /> 32 in this case Duke Energy Corporation is requesting relief from section 5.9.2 (5) Electrical Substations, Switching and <br /> 33 Metering Stations, and Associated Transmission Lines, Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv) <br /> 34 requiring a Type E land use buffer(i.e. 75 ft. land use buffer). If approved, development would include the upgrading of <br /> 35 the existing electrical substation, placement of additional gravel impervious area, and development of a stormwater <br /> 36 control measure (SCM)within the required 75 ft. land use buffer as further detailed herein. This package begins on <br /> 37 page 59 of your agenda. There is attachment 1 of the application packet that begins on page 66. 1 will call your attention <br /> 38 to page 81 of your packet,where the applicant Duke Energy has provided the site plan exhibit for your consideration as <br /> 39 a part of this request. Attachment 2 begins on page 82. Those are 2 maps showing you the subject property based on <br /> 40 the county GIS mapping data. Attachment 3 begins on page 84 that is the notification of this meeting.Attachment 4 <br /> 41 beginning on pages 97, is the finding of facts for if the relief should be granted. I ask for the board to formally place <br /> 42 pages 59 through 100 in the record and I will turn it over to the applicant to present their variance request. <br /> 43 Leon Meyers: Stated that before this is material is entered into the record that he is acquainted with at least one <br /> 44 property owner in the area of this project. And that will not interfere with my making a fair judgement call in this case. <br /> 45 Anyone else have any statements with regards to possible conflicts. <br /> 46 <br /> 2 <br />