Orange County NC Website
1 <br />Michael Harvey: Line 20 begins as follows: We are here because staff has determined this proposal 2 <br />requires a Class B SUP in order to operate. As you will note from the abstract as well as some information 3 <br />provided within the notification materials there has been some concern in discussion over the property’s 4 <br />current status as a farm. Your charge tonight is not to review, interrupt, or make a decision on property 5 <br />status as a farm as defined by the General Statute (State of North Carolina General Statute). That is not 6 <br />your charge this evening. In fact, you all don’t have any authority to make that determination. 7 <br /> 8 <br />Andy Petesch: Ok you can stop there. And so their charge as you were explaining there was only to 9 <br />consider the requirements of the SUP and not to evaluate this property as a farm? 10 <br /> 11 <br />Michael Harvey: Correct. 12 <br /> 13 <br />Andy Petesch: And it is your understanding that that was what Ms. Brewer… Did you ever instruct Ms. 14 <br />Brewer similarly that this wasn’t a place to address the farm; it was to focus on the SUP standards? 15 <br /> 16 <br />Michael Harvey: Yes. 17 <br /> 18 <br />Andy Petesch: And secondly, you noted earlier that you have not made any determination as to the specific 19 <br />uses on the farm at this point? With respect to whether they are non-farm purposes or bona fide farm 20 <br />purposes. 21 <br /> 22 <br />Michael Harvey: Correct. 23 <br /> 24 <br />Andy Petesch: And what circumstances were contributed to make such a determination? 25 <br /> 26 <br />Michael Harvey: It would depend on the use of the property and our investigation has retained whether or 27 <br />not they are even allowed under the current Unified Development Ordinance or they are exempt from 28 <br />zoning review authority per the statute. 29 <br /> 30 <br />Andy Petesch: So what determination di you make with respect to this building permit application at this 31 <br />point? 32 <br /> 33 <br />Michael Harvey: That as revised by Ms. Brewer in March of this year, based on the affidavit and based on 34 <br />the general purpose and intent and project description, we were not required to issue a zoning compliance 35 <br />permit as the applicant had indicated it was from farm use. 36 <br /> 37 <br />Andy Petesch: So your determination was that they were exempt? 38 <br /> 39 <br />Michael Harvey: This building (permit application) was exempt from our zoning review, correct. 40 <br /> 41 <br />Andy Petesch: Alright. Thank you very much. 42 <br /> 43 <br />Karen Barrows: If there are no further questions for Mr. Harvey. 44 <br /> 45 <br />Barry Katz: When you first stated that you based the determination that you approved because it was an 46 <br />agricultural use you left open a determination about what the actual use is. Did you make a statement 47 <br />regarding that? That we accept the face value that this affidavit says that this is for agricultural purposes 48 <br />33