7.24.24 BOA Agenda Packet - Laserfiche WebLink

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1 AGENDA ITEM 4: PUBLIC CHARGE 2 3 Leon Meyers: Thank you. While Adam's getting settled, I'm going to read the public charge. Board of Adjustment 4 pledges its respect to the citizens of Orange County, and the Board asks citizens to conduct themselves in a respectful, 5 courteous manner both with the Board and with fellow citizens. At any time, should any member of the Board or any 6 citizen fail to observe the public charge, I'll ask the offending person to leave the meeting until that individual regains 7 personal control. Should decorum fail to be restored, I'll recess the meeting until such time that a genuine commitment 8 to the public charge can be observed. Please silence your electronic devices. The Board of Adjustment is a quasi-9 judicial administrative body established in accordance with local regulations and state law to perform specified functions 10 essential to the county's planning program. Actions taken by the Board are based solely on competent, substantial, and 11 material evidence presented during a previously scheduled and advertised public hearing. Welcome to tonight's public 12 hearing. As detailed within Section 2.12.2 of the UDO, of the Unified Development Ordinance, the Board chair reserves 13 the right to exclude evidence and testimony that is deemed incompetent, irrelevant, immaterial, or duly repetitious, in 14 other words, not appropriate to the case. While it should be noted that there's no time limit on the presentation of 15 evidence, I ask that the presentation of evidence be consistent with established policies, rules of procedure, and 16 acceptable levels of decorum to ensure fair and equitable hearing for all parties. Regarding conflict of interest, it's the 17 duty of every Board member to avoid both conflicts of interest and appearances of conflict. Board members having any 18 conflicts of interest or appearances of conflict with respect to matters before the Board should identify the conflict or 19 appearance of conflict and refrain from undue participation in the matter involved. As a reminder, NC General Statute 20 160D-109 establishes the following standard. A member of the Board exercising quasi-judicial functions pursuant to 21 this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons, 22 constitutional rights to an impartial decision maker, and permissible violations of due process include, but are not limited 23 to, a member having a fixed opinion prior to the hearing, undisclosed ex parte communications, meaning 24 communications that have happened outside the public hearing, a close familial business or other associational 25 relationship with an affected person, or a financial interest in the outcome of the matter that's the subject of the hearing, 26 and I will ask at this time if any Board members have conflicts that they need to make the Board aware of. 27 28 Nathan Robinson: None. 29 30 Leon Meyers: And I just mentioned it, because I've been in the building business, I know a number of the folks 31 involved in both cases tonight. I do not have a close familial business or other associational relationship with any of 32 those people, so I will be participating in the hearing. Okay, Case A124, Ms. Perschau, good evening. 33 34 AGENDA ITEM 5: CASES 35 A-1-24 To review a Special Use Permit request (Case Number36 SUP24-0005) submitted by Judea Reform Congregation Cemetery37 proposing to operate and expand the existing cemetery (PIN 9767-38 26-1613) on +/- 6.59 acres of a +/- 10.27 acres parcel located at 256039 Jones Ferry Road, and within the Chapel Hill Township of Orange40 County.41 42 Taylor Perschau: Good evening, Board. I'm going to take a minute before we jump into the case just to back up 43 a little bit and go over the review process that is involved for your sake, the Board, and for those in attendance at 44 tonight's hearing. For those that I haven't met, my name is Taylor Perschau. I'm the current planning and zoning 45 manager, and I will defer to you if you want me to go into more detail about their due process or less, please let me 46 know. We do have two special use permit applications before us tonight. The review process has extended beyond 47 this evening, so to start the review of a special use permit application, staff receives it, including an application site plan 48 and exhibit materials from the applicant. Staff determines the completeness of the application. Both of which cases 49 tonight have obviously been determined complete. After such acceptance, there is staff and inner agency review of the 50 2