12.10.25 BOA Agenda Packet - Laserfiche WebLink

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52 Draft 1 site plan review phase to determine what an, an appropriate buffer, particularly along that 2 southern property boundary would be. Given that there is a large existing garden area, which 3 might satisfy some of the UDO's variable buffer requirement. So,that's why it's not specifically 4 called out is because that is still kind of an open discussion, which we would welcome the 5 board's input on. 6 7 Leon Meyers: Okay, James, on the frontage matter? 8 9 James Bryan: Okay. So, I'm going to step back a little bit and just remind the board that there are questions 10 of law and questions of fact. 99 percent of what y'all do are questions of fact. People put on 11 evidence and it's what you believe or, or don't believe. What's more persuadable the court 12 will give you deference. You're the ones eyes on people listening testimony. Okay. Yeah, 13 law is different. That is right or wrong, and the courts will tell us what that is. You'll have that 14 when there's appeals of interpretations. But that's usually only when you guys see that. It's 15 very rare for that to come up. It's come up here. This is a question of law. It's not what's 16 more reasonable. It's not what you think is right, anything like that. It's, what does this say? 17 Okay, so, how do you figure out what it says? The first thing you do is the plain meaning. If 18 you could read it and understand what it means,that's what it means. If it is ambiguous,that's 19 when you go to statutory interpretation. Then you go through statutory interpretation and that 20 is, sorry, I'm tired. I'm thinking of all the bad words. It is messy because that's where all the 21 Latin phrases come in. What Mr. Hornik has suggested is in pari materia, I don't know, I don't 22 speak Latin, but it means you read related terms. You, you say, you know exactly what he's 23 saying. I don't know what frontage means. But over here, there, there's frontage. You are 24 allowed to do that. But context is like any other context. How big and how broad is it in the 25 same paragraph? Is it in the same ordinance? Is it how far apart is it? I will note also he 26 cites that the UDO does define,what is it? Lot line frontage. It defines three different frontages 27 building frontage, lot line frontage and tenant frontage. So if you go that route, I would implore 28 you to, to look at all three of those because they would have the same context. You're going 29 out of 5.8.2, you're going to the definitions. And if you're going to the definitions, each one is 30 just as important as the other. But again, that you only get to that if it's an ambiguous term, if 31 you can't read it on its face. 32 33 Leon Meyers: It's helpful, I think. 34 35 James Bryan: We'll see. 36 37 Leon Meyers: All right. So I have a couple other questions, but I don't want to down right here. 38 39 Kyle Myers: Me too. 40 41 Leon Meyers: Yep. 42 43 Kyle Myers: So, James, can you define care facility in the context of the special-use permit application? 44 What is a care facility? 45 46 James Bryan: So, 1, your attorney can't define it for you. I can advise you how and the first thing I would 47 direct it to staff and see how it might be defined in the UDO oh it is? Yeah, yeah, yeah. 48 49 Kyle Myers: Okay, great. Staff, could you define care facility please? I have it right in front of me. It's 50 Article 10 definitions, Page 10-6. 52