Orange County NC Website
Browse       Search
17 Draft <br /> 1 Beth Bronson: Again, this is a super unique situation because it's not the subject property, and again, it is <br /> 2 about the Board determining standing. <br /> 3 <br /> 4 Leon Meyers: Right. We could make a motion. <br /> 5 <br /> 6 Beth Bronson: I would say that by the sole fact that the access to this parcel under question for the special- <br /> 7 use permit is access by public road through Ms. Stracke's property, that that would give her <br /> 8 legal standing in this conversation simply because as the Planning Director has pointed out, <br /> 9 this access was never reviewed as a bona fide farm, doesn't have to be, but it does have to <br /> 10 be as part of the special-use permit. <br /> 11 <br /> 12 Jeff Scott: I think my interpretation is more of maybe less of an interpretation and more of just the <br /> 13 easement's not on the applicant's property. It's on the other people's land, so you know, we <br /> 14 can show special damages to the adjacent properties because the applicant doesn't they're <br /> 15 using the road because of another standing, and I understand what you're saying, but I guess <br /> 16 where I'm coming from is like I'm lost, and it's not a here nor there. It is like, as the applicant, <br /> 17 I'd be more worried that I have an access road to a business on another people's piece of <br /> 18 property, but it's not we're not in that case. So it's, I understand what you're saying. <br /> 19 <br /> 20 Beth Bronson: We haven't been able to get to the applicant yet. <br /> 21 <br /> 22 Jeff Scott: I understand what you're saying. It's like I just feel like it's a little bit too much of an <br /> 23 interpretation. <br /> 24 <br /> 25 Kyle Myers: I see the easement as a previously existing legally established thing without conditions that <br /> 26 would preclude what it's used for, so I think we,to tie it to this is a stretch. That's kind of where <br /> 27 I'm leaning. <br /> 28 <br /> 29 Beth Bronson: If there was an alternate access, I would agree. <br /> 30 <br /> 31 Jeff Scott: I mean it's a good, it's a good point. I just can't get on board with it. <br /> 32 <br /> 33 Leon Meyers: I don't want to cut off the discussion here, but we're an hour in here, and still two folks away <br /> 34 from getting through the standing questions before we get to the substance of the hearing. <br /> 35 So, if someone has another comment, fine, or let's get to a motion on Ms. Stracke's status as <br /> 36 a person with standing. <br /> 37 <br /> 38 Jeff Scott: Can I ask one more question? <br /> 39 <br /> 40 Leon Meyers: Certainly. <br /> 41 <br /> 42 Jeff Scott: But, and this is probably more of like a long-term question where if we have somebody that is <br /> 43 trying to establish standing,they say they have a person that could provide testimony. They're <br /> 44 asking for a continuance. What validity do we have to say could said person present <br /> 45 information and say I have a letter from the attorney, or the real estate person, or the engineer <br /> 46 saying I could not attend, and it's all I don't want to say notarized, but you know, could they <br /> 47 bring that forward and say we have a big conflict. <br /> 48 <br /> 49 Leon Meyers: It exists. In the case of Ms. Struck, it's in the record. We could discuss Ms. Brown's letter if <br /> 50 you think that would be useful. <br /> 17 <br />