Orange County NC Website
clear about that and you’re the trier of fact. You can consider, of course, legal authorities. Whether they’re 1 <br />primary, secondary or perhaps even tertiary. I stand by saying the blog may be tertiary but what Mr. Owens 2 <br />says in his blog and what I’m saying to you about the statute actually match. He points out in his blog that a 3 <br />produce stand to sell produce for a farm may be incidental to the farm. The planting of the tomatoes outside 4 <br />the Walmart to sell inside is not. Clearing out a barn for a wedding occasionally is incidental. Usually there’s 5 <br />some junk on the floor that demonstrates you cleaned out yesterday. Clearing out a wedding occasionally 6 <br />to use it for a farm is not. If you compare the building permit materials to the SUP application you will see 7 <br />that the use of this property as an event center as that is defined in the UDO. You will see that the building, 8 <br />the driveways, the septic system, are all designed for use as an event center. Event centers require SUP in 9 <br />the AR zone. This event center’s SUP was denied. It was an error to then let a building permit be issued 10 <br />without that SUP in hand. I’m just asking you to fix it. And I appreciate your time and attention. 11 <br /> 12 <br />Karen Barrows: Ok, thank you. 13 <br /> 14 <br />Andy Petesch: Could I respond? 15 <br /> 16 <br />LeAnne Brown: With all respect, unless you want to say that you’ve got the burden of proof here I believe 17 <br />that I have the last argument. 18 <br />Andy Petesch: This is a quasi-judicial proceeding. 19 <br /> 20 <br />Karen Barrows: James, can I ask? Because this could go on all night, and I have to work tomorrow. Do we 21 <br />have to repeat this back and forth or can we say we’re done? 22 <br /> 23 <br />James Bryan: So it’s a little complicated. I do not believe that either party has the right to the last statement. 24 <br />I believe both parties have a right to rebuttal, however there’s still the issues of materiality, relevancy, and 25 <br />unduly repetitious so you can say, “do you have anything new to say?” and if they say yes, then I would 26 <br />allow them but as soon as you hear a word that you’ve heard before you could tell them, “I’ve heard this 27 <br />before. You’re repeating yourself.”. But if they’re not repeating themselves I would off that they should both 28 <br />allow as much rebuttal as they have to offer new information to the Board . 29 <br /> 30 <br />Karen Barrows: Do you have new information? 31 <br /> 32 <br />Andy Petesch: I have clarifying information. And if you decide not to hear from me as I start please cut me 33 <br />off and I will end my comments. But I just want to clarify that my argument was not that this farm was going 34 <br />to take 20 years to become productive. The timeline set out in the farm summary is going to be productive 35 <br />much earlier than that. But the timeline in terms of its full capacity was 20 years. The Estoppel argument, 36 <br />two things have to have happened. 37 <br /> 38 <br />Karen Barrows: I think we have heard this before. 39 <br /> 40 <br />Andy Petesch: Very well. 41 <br /> 42 <br />Karen Barrows: Thank you. Are we finished? 43 <br /> 44 <br />LeAnne Brown: Yes ma’am. I have a question of staff (inaudible). Michael, is there any process within the 45 <br />Planning Department that deals with issues like this? Specifically questioning actions of the staff? 46 <br /> 47 <br />Michael Harvey: I’m sorry I didn’t hear the last part? 48 <br />102