8.13.25 BOA Agenda Packet - Laserfiche WebLink

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16 Draft 1 Leon Meyers: Standing relates to special damages that you would suffer as a property owner if the modification 2 were approved. 3 4 Leslie Weidner: And I also have to add something about the health and wellness of the public on Holly Creek Lane. 5 1 live here. I mean, with 46 cars pulling out onto Old Greensboro Highway and that many more 6 people coming 7 days a week it looks like, this modification is close to 7 days a week, that certainly 7 affects public wellness. 8 9 Leon Meyers: All right. Board members, a motion will be in order to approve or deny standing for Ms. Weidner. 10 11 Nathan Robinson: May I add, I just read the document that we have here. There's a document here and it's an 12 Orange County document that is entitled Statutory Requirement Standing for Parties. And on the 13 bottom, it's my understanding that this would be a form that one requesting standing would bring 14 with them to a hearing of this nature. And on the bottom, it says, "I own or have a legal interest in 15 the following parcels related to this special use permit application." There's a blank for name. 16 We've provided the name. There's an address, which I'm sure you could provide. There's a 17 property identification number, a PIN number, which I'm sure you could provide. 18 19 Leslie Weidner: I turned that in. 20 21 Nathan Robinson: Yes, ma'am. And there's a register of deeds book and all these things you have. The next two 22 lines are really the core of how this motion can be established. One line says, "This property will 23 suffer the following special damage." You brought up traffic, you brought up health and safety. 24 The gentleman just said things about the restrooms. This is a line I understand you would have 25 filled in and say, "This will suffer the following special damages." However, where I find us stuck is 26 the next line, which is says, "I have the following to demonstrate that special damage." I don't see 27 a traffic report that helps me. I don't see a report that comes from anyone to help me understand 28 the special damage. If the demonstration includes testimony, which requires expert opinion per 29 this code, then it will be supplied by a specific person. I don't see that documentation, or I don't 30 see the expert witness sitting there available to come. The expertise in such and such, whatever 31 the category is will be established by the following education, training, or experience. As Mr. 32 Hugelmeyer had said he has the training and experience, but what we're lacking in this case, we're 33 lacking a person with an expert opinion and we're lacking demonstration of it. And I feel like we're 34 in a place right now where we're asked to establish, to grant standing with the absence of a 35 demonstration. And so, for the purposes of this meeting, it would seem to me, and I'm speaking to 36 the board, it would seem that there's certain boxes to put things in. If there's standing, there's no 37 special damages and can be demonstrated in my opinion to establish standing right now. At the 38 same time, I do recognize that there could be the potential to do that if it was presented at a 39 different time, if there was continuation or whatever, so I recognize that. But for the sake of our 40 meeting now, I don't see standing for those who have presented. And so, for that reason I make a 41 motion to deny standing for Mrs. Hugelmeyer and Mr. Hugelmeyer. 42 43 Leslie Weidner: Weidner. 44 45 Nathan Robinson: Weidner, I'm sorry. I apologize. 46 47 Leslie Weidner: It's all right. How on Earth we'll put this together in 10 days. 48 49 Leon Meyers: Give me just a minute. That's a motion. Do I hear a second? This is a motion to deny standing for 50 Ms. Weidner. 16