12.10.25 BOA Agenda Packet - Laserfiche WebLink

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2 Draft 1 MOTION was made by Greg Niemiroski. Seconded by Jeff Scott. 2 3 VOTE: Unanimous. All in favor. 4 5 Leon Meyers: None opposed. 6 7 AGENDA ITEM 4: PUBLIC CHARGE 8 9 Leon Meyers: And folks, bear with me while I read this public charge and some other housekeeping. The Board of 10 Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to 11 conduct themselves in a respectful, courteous manner, both with the Board and with fellow 12 citizens. If a member of the Board or a citizen fails to observe the public charge, I will ask the 13 offending person to leave the meeting until that individual regains personal control. Should decorum 14 fail to be restored, we will recess the meeting until a time when a genuine commitment to the public 15 charge is observed. The Board of Adjustment is a quasi-judicial administrative body established in 16 accordance with the Orange County regulations and North Carolina law to perform specified 17 functions essential to the County's planning program. Action(s)taken by the Board are based solely 18 on competent, material, and substantial evidence presented during a scheduled and advertised 19 public hearing on a specific matter. As detailed within Section 2.12.2 of the UDO the Board chair 20 reserves the right to exclude evidence and testimony that is `incompetent, irrelevant, immaterial, or 21 unduly repetitious and therefore fails to address appropriately the issues before the Board. While it 22 should be noted there is no time limit on the presentation of evidence, the Board asks that the 23 presentation be consistent with established policies, rules of procedure, and acceptable levels of 24 decorum to ensure a fair and equitable hearing for all parties. It is the duty of every board member 25 to avoid both conflicts of interest and appearances of conflict. Board members having any conflicts 26 of interest or appearances of conflict with respect to matters before the Board should identify the 27 conflict or appearance of conflict, and refrain from undue participation in the matter involved. As a 28 reminder, NC General Statute 1.60D.109 establishes the following standard:A member of any board 29 exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any 30 quasi-judicial matter in a manner that would violate effective persons' constitutional rights to an 31 impartial decision maker. Impermissible violations of due process include, but are not limited to, a 32 member having a fixed opinion prior to hearing the matter that is not susceptible to change, 33 undisclosed ex parte communication, a close familial business, or other associational relationship 34 with an affected person, or a financial interest in the outcome of the matter. I ask now, does any 35 board member need to declare a conflict or an appearance of conflict related to tonight's business? 36 37 Beth Bronson: No. 38 39 Leon Meyers: Hearing none, the case before the Board tonight is SUP25-0016, and I'll ask for the staff 40 presentation. 41 42 Taylor Perschau: Good evening, Board. I am Taylor Perschau, currently Planning and Zoning Manager. Before 43 1 jump into the case itself, I am going to give a little bit of context of what brings us to you 44 tonight. The task at hand, and your role in the evidentiary hearing, and then set up the 45 cadence of what the evening should look like. So, prior to coming to the Board of Adjustment 2