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The Special Use Permit modification application proposes to allow for an increase in students <br />and employees at the existing day care facility. The application proposes parking lot <br />improvements and well and septic relocation onsite. <br />As required by the Orange County UDO, should the application be approved, conditions will be <br />binding for the property, with any significant change requiring subsequent Special Use Permit <br />request and a new hearing before the Board of Adjustment. <br />The review of all SUP applications is carried out in a quasi-judicial format, meaning that <br />decisions relating to the approval or denial of an application are based solely on the sworn <br />testimony of all parties involved with the case, both those for and against an application. The <br />applicant has the burden of establishing, by the submission of competent, material, and <br />substantial evidence, the existence of facts and conditions that demonstrate the project’s <br />compliance with the various requirements and standards for the proposed uses detailed within the <br />UDO. Those opposing approval of the application shall have the burden of establishing, also <br />through the submission of competent, material, and substantial evidence, the specific manner in <br />which the proposal does not satisfy the requirements for approval of the application. <br />Public comments in the form of sworn testimony meeting evidentiary standards can be accepted. <br />Quasi-judicial hearings and decisions require a ‘fair trial standard’ including accepting only <br />competent, material, and substantial evidence. Personal, anecdotal, or hearsay comments, <br />however, shall not be accepted as they do not represent ‘competent, material, and substantial <br />evidence.’ Additional information related to Special Use Permits can be found at the following <br />link: https://www.orangecountync.gov/DocumentCenter/View/21348/Special-Use-Permit-Fact- <br />Sheet?bidId=. <br />Additional information is available on the Orange County Planning Department’s website: <br />https://www.orangecountync.gov/3375/Special-Use-Permit-Application---Major-M <br />If you cannot attend the Board of Adjustment meeting and the website does not answer your <br />questions about the requested Special Use Permit, you may call 919-245-2575 during regular <br />business hours and you will be directed to a staff person who can assist you. <br />Sincerely, <br />Patrick Mallett <br />Patrick Mallett <br />Deputy Director, Development Services <br />Orange County Planning and Inspections Department <br />143