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ORANGE COUNTY <br />BOARD OF ADJUSTMENT <br />AGENDA ITEM ABSTRACT CASE A-1-17 <br /> Meeting Date: March 13, 2017 <br /> Agenda <br /> Item No. A-1-17 <br /> <br />SUBJECT: CASE A-1-17: Appeal of a Decision made by the Zoning Officer <br /> <br />DEPARTMENT: Planning and Inspections <br /> <br />ATTACHMENTS: INFORMATION CONTACT: <br />1. Appeal Application Michael D. Harvey, Planner III (919) 245-2597 <br /> Craig Benedict, Director (919) 245-2575 <br /> <br />PURPOSE: To convene the hearing and begin review of an appeal application submitted by <br />several local property owners concerning a November 7, 2016 letter from the Zoning Officer, a <br />copy of which can be found in Attachment 1. <br /> <br />BACKGROUND: On October 24, 2016 the Orange County Board of Adjustment (hereafter <br />‘Board’) referred a case back to the Orange County Planning Department requesting a binding <br />determination with respect to the processing of a Zoning Compliance Permit associated with <br />building permit application CB16-0020. The permit involved the erection of a structure on a <br />parcel of property identified utilizing Orange County Parcel Identification Number (PIN) 9729-50- <br />7168 owned by Southeast Property Group LLC care off Ms. Kara Brewer (hereafter ‘the <br />property’). This is commonly referred to as the Barn of Chapel Hill project. <br /> <br />The Board directed the Planning Director through his designee (hereafter ‘Staff’) to: ‘make a <br />determination as to whether the structure being proposed for the property will be used for a <br />bona fide farm purpose and whether the use as a wedding and event center is related to or <br />incidental to such farm purposes’. <br /> <br />On November 7, 2016 staff issued a letter making a final, binding, determination which is now <br />being appealed as detailed in Attachment 1. <br /> <br />With respect to the review of an appeal application the Board needs to remember the following: <br /> <br />a. The intent of the meeting is to allow the applicant to present testimony detailing how staff <br />erred with respect to the interpretation/enforcement of the UDO. <br />b. Per Section 2.26.4 of the UDO all decisions of the Board of Adjustment are: ‘… subject to <br />review at the request of any person who has standing as detailed within NCGS 160A-393 <br />(d) by the Superior Court by proceedings in the nature of certiorari’. <br />This appeal must be filed within 30 days of the availability of the notice of decision in <br />accordance with the UDO. <br /> <br />159