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3 Draft
<br /> 1 tonight, we have had staff review of a special-use permit application. This is including
<br /> 2 planning staff review, as well as inter-departmental review. It also included a neighborhood
<br /> 3 information meeting,which is required by ordinance for a special-use permit application. That
<br /> 4 has been satisfied, and tonight we are here to conduct an evidentiary hearing for you all as
<br /> 5 the Board of Adjustment to make the determination of the findings of fact presented in the
<br /> 6 packet. So, the Board's specific role tonight is to receive evidence entered into the record
<br /> 7 pertaining to the case,which will include hearing testimony from parties with established legal
<br /> 8 standing, review the evidence and testimony, deliberate on the materials, and make a
<br /> 9 determination based on the findings of fact, and then, finally, make a determination for
<br /> 10 approval or denial of the special-use permit being requested. So, as has been mentioned
<br /> 11 now, I do want to explicitly call out what legal standing is established to be, and this is defined
<br /> 12 by General Statute 160D, where standing is defined to include the following persons in a
<br /> 13 quasi-judicial hearing: it's a person with legal interest in the subject property. It is the
<br /> 14 applicant. It is the city or county governing the property, in this case, Orange County,a person
<br /> 15 who will suffer special damages as a result of the decision, and it may also include an
<br /> 16 association organized to promote the interests of a particular area, such as the homeowner's
<br /> 17 association or a community association, so long as at least one member would have standing
<br /> 18 as an individual, and the association was not created in response to the development at issue.
<br /> 19 So, with that in mind, I would suggest the cadence for tonight to be, first, establishing legal
<br /> 20 standing for those that can participate in the evidentiary hearing, and then entering evidence,
<br /> 21 which would include staff presentation testimony, applicant evidence and testimony, and
<br /> 22 evidence and testimony from anyone with legal standing; and then, finally, questions and
<br /> 23 deliberation from the Board. So, I would leave it at that for you, Chair Meyers, how you will
<br /> 24 want to move from here.
<br /> 25
<br /> 26 Leon Meyers: Well, it's a good time to figure out what step is next here. We have a little bit of an unusual
<br /> 27 situation here, where we have a person who is claiming standing and has requested a
<br /> 28 continuance of the hearing. Board members, I know everybody's aware of that from email
<br /> 29 earlier today. We could approach the beginning of the hearing by reviewing standing for all
<br /> 30 of those who have claimed standing to be parties to the hearing tonight. Or we could deal
<br /> 31 with the continuance matter first. Board members, do you have a thought about what's the
<br /> 32 best way to handle that?
<br /> 33
<br /> 34 Beth Bronson: I would just like to state for the record that the applicant is not requesting an attendance?
<br /> 35 Okay. Then, I think we need to move forward with establishing standing.
<br /> 36
<br /> 37 Leon Meyers: Your thoughts?
<br /> 38
<br /> 39 Beth Bronson: Sounds good to me.
<br /> 40
<br /> 41 Leon Meyers: Okay the reason I bring it up is that the person who has requested a continuance, is Ms.
<br /> 42 Stracke here?
<br /> 43
<br /> 44 Sylvia Stracke: Yes, sir.
<br /> 45
<br /> 46 Leon Meyers: Yeah, right, and I know your counsel can't be present because we have a letter to that effect,
<br /> 47 and I wonder if that changes board members'thoughts about this at all? The fact that counsel,
<br /> 48 is not available to represent her tonight. No?
<br /> 49
<br /> 50 Beth Bronson: I mean, are you willing to represent yourself tonight?
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