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Approved 10.18.2023
<br /> 1 The Board of Commissioners has discretion there. But quasi-judicial matters are generally reserved for the Board of
<br /> 2 Adjustment. A quasi-judicial role is outlined here and is to receive evidence entered into the receive pertaining to the
<br /> 3 case, hear testimony from parties with established legal standing, including staff, the applicant, and public that is
<br /> 4 deemed to have standing, review the evidence and testimony, deliberate upon the materials, and make a determination
<br /> 5 based upon the findings of fact and the testimony provided to the Board of Adjustment. The options available under the
<br /> 6 Unified Development Ordinance of Orange County are to approve the special use permit, approve it with conditions that
<br /> 7 are rational and tied to the use, or deny the special use permit. The quasi-judicial process is to establish the legal
<br /> 8 standing, enter evidence into the record, consider the staff presentation and testimony, hear the applicant review of
<br /> 9 evidence and testimony, hear any testimony from persons with legal standing, and then the Board of Adjustment may
<br /> 10 ask questions and then deliberate, review the findings of fact, and decided. And, Mr. Chair, I have provided you with I
<br /> 11 believe it's 2.7.7 of the Unified Development Ordinance which details the process in Orange County for consideration of
<br /> 12 a special use permit. If you would like to, it may be helpful for the public to hear what those requirements are.
<br /> 13
<br /> 14 Cy Stober: You may do that. We were not, there were a few slides before we get to findings of fact, but opening the
<br /> 15 public hearing now would be, is absolutely at your discretion.
<br /> 16
<br /> 17 Leon Meyers: All right, good. Then we are in the public hearing. I'm going to just quickly read through this section. And
<br /> 18 this is, the Board of Adjustment is a little bit of an odd animal in that it's controlled both by state statute and by Unified
<br /> 19 Development Ordinance, and this is the nature of BOA proceedings in the UDO. It says the review of special use
<br /> 20 permit applications shall be conducted during evidentiary hearing. The review of a special use permit application is a
<br /> 21 quasi-judicial process where the Board of Adjustment acts much like a panel of judges. This is not going to be a court-
<br /> 22 level proceeding, but we do have to follow the rules. The Board hears factual evidence and sworn testimony presented
<br /> 23 at an evidentiary hearing and then makes findings of fact supported by competent, substantial, and material evidence,
<br /> 24 as Cy has described. The presiding officer of the hearing shall swear all parties intending to present evidence or
<br /> 25 testimony during the evidentiary hearing. And we'll do that in just a few minutes. Presiding officer may take whatever
<br /> 26 action is necessary to limit testimony to the presentation of new factual evidence that is material to the application to
<br /> 27 ensure fair and orderly proceedings and to otherwise promote the efficient and effective gathering of evidence. Those
<br /> 28 actions may include, and these are possible actions of the presiding officer, bar the testimony of odious hearsay
<br /> 29 evidence, that is evidence that is not facts known by the person presenting testimony. Bar the presentation of non-
<br /> 30 expert, it means that if you're testifying, you need to testify what you know yourself. Interrupt digression into immaterial
<br /> 31 testimony, we're going to try to keep the process moving on its topic. Repetitive testimony, reasonably limiting the time
<br /> 32 allowed each witness or cross-examination, and I hope there won't be need for that this evening. Providing for the
<br /> 33 selection of spokespersons to represent groups of persons with common interests. Again, I don't think we have a need
<br /> 34 for that tonight. Interrupting personal attacks and/or ordering and end to disorderly conduct, as the child said in the
<br /> 35 beginning. Where the Board finds compliance with the general standards, specific rules governing the specific use, and
<br /> 36 that the use complies with all required regulations and standards, the application must be approved unless the board
<br /> 37 shall also find, in some specific manner, that the use will not maintain or promote the public health, safety, and general
<br /> 38 welfare if located where proposed and developed and operated according to the plan as submitted. If opposing the
<br /> 39 approval of the application on the grounds that the use will not promote the public health, safety, and general welfare,
<br /> 40 shall have the burden of establishing by competent and material and substantial evidence that the application would
<br /> 41 cause that conflict. I believe I covered all of that, Cy.
<br /> 42
<br /> 43 Cy Stober: Yes, sir.
<br /> 44
<br /> 45 Leon Meyers: Okay.
<br /> 46
<br /> 47 Cy Stober: One final matter before we go into standing and move into what I believe would be the appropriate time to
<br /> 48 swear in and begin considering evidence, the visual system is not ideal tonight. We had a technical glitch. If anyone is
<br /> 49 having any difficulty reviewing the material, please just notify staff, and we will do what we can to make sure that you,
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