5-13-26 BOA Agenda Packet - Laserfiche WebLink

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3 Draft 1 2 Leon Meyers: Regarding conflicts and potential conflicts, it's the duty of every board member to avoid those. 3 Board members high any conflicts of interest or appearances of conflict with respect to matters 4 before the board should identify the conflict orthe appearance of conflict and refrain from undue 5 participation in the matter involved.As a reminder, Statutes 160D-109 establishes the following 6 standard. A member of any board exercising quasi-judicial function pursuant to this chapter 7 shall not participate in or vote on any quasi-judicial matter in a manner that would violate 8 affected persons' constitutional rights to an impartial decision maker. Impermissible violations 9 of due process include, but are not limited to, a member having a fixed opinion prior to the 10 hearing, undisclosed ex parte communications, a close familial, business, or other 11 associational relationship with an affected person, or a financial interest in the outcome of the 12 matter. I ask now if any board member wants to declare a conflict or an appearance of conflict. 13 Hearing none, we'll move to tonight's hearing on Case SUP25-009. Ashley, looks like you're 14 ready to present the case. 15 16 Ashley Moncado: Yes,good evening. I'm Ashley Moncado with the Orange County Planning Department. Before 17 we start the case presentation, I'm going to do a quick recap of the review process and the 18 BOA's role for tonight's hearing. Tonight's agenda does include a major modification to an 19 existing special-use permit. This type of application follows the same process as an SUP 20 requiring a completed application and site plan. As part of the process, the applicant has held 21 a neighborhood information meeting prior to the hearing tonight, and which brings us tonight 22 to the board review and decision. As part of tonight's hearing, the Board's role is to receive 23 evidence into the record pertaining to the case, hear testimony from parties with established 24 legal standing, review the evidence and testimony, review the materials and make a 25 determination, and issue an approval or denial of the SUP request. As part of the hearing, the 26 board may receive testimony from parties with established standing as defined by NC General 27 Statute 160D. For a person to have legal standing with the right to appeal a decision,they must 28 have legal interest in the subject property, be the applicant, be the county or city governing the 29 property, a person who will suffer special damages as a result of the decision, or be an 30 association organized to promote the interests of the particular area. For tonight's hearing, the 31 nature of proceedings shall include the following elements: establishment of legal standing, 32 enter evidence into the record, staff presentation and testimony, applicant review of evidence 33 and testimony, testimony from persons with legal standing, questions from the board of 34 adjustment, and then finally, board of adjustment will review and make a determination based 35 on findings of fact and decision.At this time, I am going to hand it back over to the chair to see 36 if you have any comments, or I don't know if we need to be sworn in at this time. 37 38 Leon Meyers: Taylor, you look like you were about to say something. 39 40 Taylor Perschau: No. Well, so you can make your legal standing or do your swearing in at your leisure. 41 42 Leon Meyers: All right, good. Let me ask at this time if there is anybody who is not a witness for the applicant, 43 or counsel to the applicant,who would like to speak tonight.Then I will ask all of the witnesses, 44 everybody who intends to testify tonight, to come forward, please. 45 46 Jack Moran: Do you swear and/or affirm that the testimony you are about to give is the truth,the whole truth, 47 and nothing but the truth? 48 49 Staff/Applicants: Yes. 50 3