Agenda - 10-19-1999 - 8h - Laserfiche WebLink

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~Q~l' gyp- / 9- 99 Decision of the Orange County Board of Commissioners in the matter of the Class A Special Use Permit Application SUP-2-98 Pursuant to the September 30, 1999 Order of the Honorable J.B. Allen, Jr., Judge Presiding over the Superior Court of Orange County, a copy of which is Exhibit A to this final decision, the Orange County Board of Commissioners makes this written decision following the consideration of this matter at the Board of Commissioners' regular meeting on October 19, 1999. The Board expressly incorporates and adopts the findings and conclusions contained in the February 8, 1999 transmittal letter to Mr. Ken Carter, Real Estate Manager, American Towers, and the accompanying findings under the column "Board of Commissioners findings" that are attached to the February 8, 1999 Karen Lincoln to Ken Carter letter which letter and findings are Exhibit B to this final decision. The Board further finds, upon review of the petition for a writ of certiorari and for judicial review filed on behalf of American Towers, Inc. d/b/a Gearon Communications and BellSouth Carolinas, PCS Limited Partnership, paragraphs numbered 5, 6, 7, 8, 9, 10, 17, 18, 30, 31, 32, 33, 34, 35, 36 and 37 of the petition for writ of certiorari and for judicial review allege facts which were not presented for its consideration as part of the special use permit application, including the public hearing on the application. In that respect paragraphs 30 through 37 allege the existence of. legal infirmities in Orange County's zoning regulations and violations of State and federal law which at no time were raised in the application or during the public hearing process. There is no reference to any such legal issues in the record in this matter. Had the matters raised in paragraphs 30 through 37 been presented to the Board of County Commissioners in American Towers' application for a special use permit, the Board of County Commissioners would have concluded that they were not timely raised, not appropriate for consideration in this special use permit process or otherwise without merit. These contentions were not considered by the Board of County Commissioners in its decision in this matter and are not considered now because they are not before the Board of Commissioners of Orange County. After review of American Towers, Inc.'s application for a Class A Special Use Permit to construct a telecommunications tower in Orange County, conducting a public hearing on the application, and listening to evidence submitted by and on behalf of American Towers and by and on behalf of parties in