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