12.13.23 BOA Agenda Packet - Laserfiche WebLink

Browse Search

2 1 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 2 3 No additions to the agenda. 4 5 AGENDA ITEM 3: APPROVAL OF MINUTES—November 8,2023 6 7 MOTION made by Nathan Robinson to approve the November 8, 2023 minutes as presented. Seconded by Beth Bronson. 8 VOTE: Unanimous 9 10 AGENDA ITEM 4: PUBLIC CHARGE 11 12 Leon Meyers: I'm going to read the public charge here and then talk a little bit about order of operations. And we'll get started.The 13 Board of Adjustment pledges to the citizens of Orange County its respect.The Board asks its citizens to conduct themselves in a 14 respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any 15 citizen fail to observe this public charge,the Chair will ask the offending person to leave the meeting until that individual regains 16 personal control. Should decorum fail to be restored, I'll recess the meeting until such time that a genuine commitment to this 17 public charge is observed. Now's the time to mute or turn off your devices, please. The Board of Adjustment is a quasi-judicial 18 administrative body established in accordance with local regulations and State law to perform specific functions essential to the 19 County's planning program. And that, of course, includes considering special use permits like the subject of tonight's hearing. 20 Actions taken by the board are based solely on competent, substantial, and material evidence presented during a scheduled and 21 advertised public hearing on a specific item. As detailed within Section 2.12 of the UDO the Chair reserves the right to exclude 22 evidence and testimony that is deemed: 'incompetent, irrelevant, immaterial, or unduly repetitious'and therefore fails to reasonably 23 address the issues before the Board. While it should be noted there is no time limit on the presentation of evidence, the Board 24 asks that the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of 25 decorum to ensure a fair and equitable hearing for all parties. It is the duty of every board member to avoid both conflicts of 26 interest and appearances of conflict. Board members having any conflicts of interest or appearances of conflict must respect the 27 matters before the Board should identify the conflict or appearance of conflict and refrain from undue participation in the matter 28 involved. As a reminder, the general statute establishes the following standard. A member of the Board exercising quasi-judicial 29 functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate the 30 effected person's constitutional rights to an impartial decision maker. Impermissible violations of due process include but are not 31 limited to a member having a fixed opinion prior to the hearing on the matter that is not susceptible to change, undisclosed ex 32 parte communications, a close,familial business or other association or relationship with an effected person or a financial interest 33 in the outcome of the matter at hand. And so, I will ask if any board member wants to identify a conflict or an appearance of 34 conflict related to this case? 35 36 Adam Beeman:As the chair of the Planning Board I oversaw a similar matter, but I don't believe that that,to me, poses any 37 conflict. I don't know if anyone else has reason to believe it does. 38 39 Leon Meyers:Thank you. Anybody else? 40 41 Beth Bronson: I was on the Planning Board and received an application. I am duly elected as well, duly appointed on the 42 Planning Board and reviewed the same application.And have previously stated the disclosure and do not think that there is 43 anything similar that would create a conflict of interest as a Planning Board member and on the Board of Adjustment. 44 45 Leon Meyers:Thank you. For order of operations this evening,we're going to hear a brief staff report,the staff report that 46 we heard at the beginning of the first hearing. And then the board will establish standing for the folks who signed up to 47 speak at the October 18th hearing those who are present here in the room and, also anyone who is joining us 48 electronically. Then we'll hear the applicant's presentation from the beginning. And then we'll close the public hearing and 49 the matter will be before the Board. Does anybody have any questions or concerns about that way of organizing the 50 meeting? 51 52 Beth Bronson: Do we have somebody joining us electronically tonight? 53 54 Cy Stober: There is one individual from the public who is joining remotely and has indicated they would like to speak and 55 will need to be reviewed for standing.