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Approved 10.18.2023 <br /> 1 Leon Meyers: Yeah, I think Pat was saying if you wanted to, you could make a motion to affirm that the board has found <br /> 2 the application in compliance with the requirements listed on everything up to the last pink sheet, which is a separate <br /> 3 matter, as I understand it. Is that right, James? <br /> 4 <br /> 5 James Bryan: Sorry, I don't mean to complicate it anymore. <br /> 6 <br /> 7 Leon Meyers: Okay. <br /> 8 <br /> 9 James Bryan: But I would say that there needs to be four separate determinations by this board. One about the <br /> 10 findings of fact. And the findings of fact are just the supporting evidence. And there's been no controversy here, so <br /> 11 tonight is a good one for this, you could say, you know, finding of facts. Another one is based on the findings of facts, <br /> 12 have all the standards been met, and that would be the next column where staff says yes and Board of Adjustment <br /> 13 tonight, do you agree and say yes. And then another one, a third decision is whether to place conditions. Again, these <br /> 14 are all proposed by the applicant. There hasn't been any modification of them other than what's been in E1, so that <br /> 15 should be straightforward. And then the last one is to approve or deny the SUP. Now within it, within the findings of <br /> 16 fact and whether the standards have been met, you can break'em up by the color blocks, or you could do them all as <br /> 17 one. You could do it line by line. It's up to the board's discretion. <br /> 18 <br /> 19 Leon Meyers: We would have a motion finding that the evidence presented is— help me here, I'm sorry. I should have. <br /> 20 <br /> 21 Nathan Robinson: The standards are met, in the finding of facts, the standards are met. Is that what you're saying? <br /> 22 <br /> 23 James Bryan: You might frame it as there's a motion to have a finding of fact as demonstrated in Attachment 6 by the <br /> 24 supported evidence. And what I would take that to mean is that your findings of fact are these, what's shown, as all the <br /> 25 evidence that's been submitted in the application and sometimes in the testimony. So that would be, that's enough for <br /> 26 the reviewing court later to say: What did you base your decision on? We based our decision on the application and <br /> 27 what we heard tonight. <br /> 28 <br /> 29 Leon Meyers: The application, which includes the conditions, matter of fact, right? <br /> 30 <br /> 31 James Bryan: It does. <br /> 32 <br /> 33 Leon Meyers: Right. So, Nathan, are you comfortable with that motion? <br /> 34 <br /> 35 Nathan Robinson: I'm 100 percent comfortable with that motion. <br /> 36 <br /> 37 Leon Meyers: There is a motion that the Board finds the facts listed in Attachment 6, these I guess it would be the first <br /> 38 four pages of Attachment 6. Do I hear a second to that motion? <br /> 39 <br /> 40 Jeff Scott: Second. <br /> 41 <br /> 42 Leon Meyers: Any discussion on that motion? All in favor please say aye. <br /> 43 <br /> 44 Board Members: Aye. <br /> 45 <br /> 46 Leon Meyers: And opposed? <br /> 47 <br /> 48 Beth Bronson: Nay. <br /> 49 <br /> 50 Leon Meyers: The motion passes. <br /> 36 <br />