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DRAFT 36 performed on the farm agricultural and farming also include the marketing and selling of agricultural 1 products, agro-tourism, the storage and use of materials for agricultural purposes, packing, trading, 2 processing, sorting, storage, and other activities performed to add value to crops, livestock, and 3 agricultural items produced on the farm and similar activities that are incident to the operation of 4 the farm. Let me go back to my tomato stand. My tomato stand is incident to my growing tomatoes 5 on my farm. I’m just going sell me some of them. That makes perfectly good sense. You cannot 6 skip, when you go to this as your next definition, you cannot skip this cogent incidental, it’s 7 incidental to. And so the finding that Mr. Harvey made that the that the this is incidental to is really 8 without explanation as to how that ties back to the particular facts. And so that is your next error. 9 Mr. Harvey then talks about article 10 in the definitions of the UDO, and it defines agro-tourism as 10 a business directly related or incidental to agricultural activities occurring on a bona fide farm, 11 which is located and conducted for employment or education of the public. He then uses the 12 Merriam-Webster dictionary definition of agro-tourism as a practice of touring agricultural areas to 13 see farms and often to participate in farm activities. Well I suppose when you’re having a wedding I 14 guess you see the farm, kind of. I’m not concerned about the kindergarten children. You’ll notice I 15 didn’t ask any questions about the exhibit about the kindergarten children go out there and look at 16 flowers. Perhaps that’s some form of agro-tourism if there’s farming going on. But this wedding 17 venue concept, an event center concept, is not about coming out and looking at a farm. It’s not 18 about coming out and commuting with the chestnuts, or picking a few flowers for your wedding, it is 19 a wedding venue. It’s about the weddings. Of the seventeen brides coming out there I bet every 20 one of them thinks it’s about their wedding. Because that’s what it is. It’s a wedding envue. It’s a 21 wedding venue. So again, in the concept of what agro-tourism is, an occasional wedding on you 22 farm. If you want to get married on a farm and a farmer has an occasional wedding on a farm that’s 23 a very different concept. I live next door to Brenda Leeper’s wedding venue and people get married 24 out there from time to time. Not terribly often. She lives off of the main thoroughfare. She lives on 25 top of a whole bunch of subdivisions. There’s not much farming going on around her that’s for sure. 26 She’s about the only farm out there. She owns an urban farm. But when people get married out 27 there they’re getting married out there with the goats wandering around and they have an 28 occasional wedding, it’s out in an open building and lovely though it is, it’s designed not for every 29 kind of wedding. This is truly a wedding venue. We looked at some of the website picture before 30 and it’s designed for lovely weddings, it’s designed for formal weddings, it’s designed for weddings 31 that involve lace shoes and roses for flowers. It’s not a wedding that’s, a wedding venue that’s 32 about being on a farm. And so the determination by Mr. Harvey that somehow this wedding and 33 event center venue that use, that’s the only use I’m here talking about, weddings and events, that 34 are of that kind of magnitude are not incidental to anything going on that property, either when you 35 heard it or as it was supplemented tonight. So Mr. Harvey’s conclusion that the use of the barn 36 structure for weddings is related and incidental to the property being used for a bona fide farm 37 purpose is not tied back to any facts to support it in his opinion. And it’s not tied back to facts, 38 because if you tie it back to the facts you found that you can’t get there. We then have Mr. Harvey’s 39 advisory opinion about the building code, which I think is also a very serious thing and I want to 40 speak to it briefly. Actually, I want to back up and just mention 99e-30, which is the other place that 41 we see mention of agro-tourism and I want to point out to the Board that that particular statute is 42 fairly broad because it’s the agricultural activity, agro-tourism activity liability act, and it’s designed 43 to help people get exemptions from liability under certain things. It’s not a definition that’s even 44 incorporated into 150a. So, just want to mention that to you as we use that. The building code 45 issue is again not the issue that’s before you. The building code requirements stand separate and 46 apart as they are currently written to the zoning power. The zoning power is the power given by the 47