Orange County NC Website
1 <br />Barry Katz: And we have the definition here? 2 <br /> 3 <br />Michael Harvey: That is a definition of agritourism as it appears within General North Carolina Statute 99E, 4 <br />which is the agritourism activity liabilities provisions of the General Statute. 5 <br /> 6 <br />Barry Katz: So we’re going to rely on that definition? 7 <br /> 8 <br />Michael Harvey: Yes, sir. 9 <br /> 10 <br />Barry Katz: Ok. 11 <br /> 12 <br />Karen Barrows: I have a question, Michael. I was looking through those huge books you gave us and in the 13 <br />UDO 1.1.8 I came across the regulation of farming and bona fide farm activities. “The provisions of this 14 <br />ordinance which are adopted under chapter 153a article 18 part 3 do not apply to property used for bona 15 <br />fide farm purposes as defined within North Carolina General Statute (NCGS) excepts as follows: a) any 16 <br />non-use of farm property.” 17 <br /> 18 <br />Michael Harvey: Any non-farm use of farm property. 19 <br /> 20 <br />Karen Barrows: Well, what non-farm use can you use? 21 <br /> 22 <br />Michael Harvey: Technically, we have required permits for single-family residences to be built on the farm. I 23 <br />have required permits for farmers who wish to erect garages to house antique cars that do not serve an 24 <br />agricultural function. We have required permits for swimming pools. To give you a couple of examples. 25 <br />Structure activity that has no agricultural connection is when a zoning compliance permit would be required. 26 <br /> 27 <br />Karen Barrows: Ok. Any other questions for Michael? If not, at this time we could hear from Ms. Brown. 28 <br /> 29 <br />LeAnne Brown: Thank you, Ms. Barrows. I appreciate all of you being here this evening for this appeal. My 30 <br />name is LeAnne Brown, and I represent the owners of 2 contiguous properties and a property directly 31 <br />across the street from the property owned by SPG. My clients are Gleta Carswell and Rene Quadt, Thomas 32 <br />Ray and Doris Ray, and Margaret Wilkman and Alice Wilkman. The decision that we have appealed is the 33 <br />Planning Supervisor’s determination that no zoning approval was required for the application for 34 <br />construction of the structure and impertinent roads, septic, and other equipment on the property owned by 35 <br />SPG. We contend that based upon, and I’m going to talk at length, Mr. Katz, about how I think these 36 <br />statutes work to try to help work through the legal issue before you. We believe that the County erred in not 37 <br />requiring a Special Use Permit as a condition of obtaining a building permit. I imagine that you recall that 38 <br />the SUP regarding this property was before you at an earlier hearing and you determined that the use as 39 <br />proposed did not maintain or enhance the value of contiguous property, did not promote the public health 40 <br />safety, and welfare, and did not comply with the general plans for physical development of the County, and 41 <br />that it was not in harmony with the area where located. And we contend that that decision was correct and 42 <br />that permit is required in order for this project to proceed on this particular piece of property. What I need to 43 <br />do this evening is to begin, because my clients are not the owners of the property for which the permit was 44 <br />issued, I need to put before you today evidence of why my clients have standing to proceed with this 45 <br />appeal. Standing to proceed with an appeal means that the individuals who are proceeding with the appeal 46 <br />suffer special damages different from the rest of the community. And if you will indulge me I would like to go 47 <br />7