BOA agenda 061217 - Laserfiche WebLink

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DRAFT 3 Michael Harvey: When you come up please state your name and that you have been sworn. 1 2 Karen Barrows: Thank you. Is there a protocol as to who goes first here James? 3 4 James Bryan: I would suggest having Mr. Harvey give an overview like he typically does, and then 5 letting the appellant go. 6 7 Karen Barrows: Excellent. Michael? 8 9 Michael Harvey: Good evening. Michael Harvey, Current Planning Supervisor, Orange County. 10 And yes I have been sworn. As has already been articulated this evening we are here to review an 11 appeal of decision made by the zoning officer as it relates to the processing of a building permit 12 application CB16-0020. The abstract for this item begins on page 159 of your packet, as pages 3-13 158 were minutes from your last meeting. At this time I would request that the Board enter staff’s 14 abstract, which includes as it’s attachment the appeal application filed on behalf of several property 15 owners by LeAnn Brown into the record and that includes the application and the November 7, 16 2016 letter authored by myself to Michael Rettie concerning a zoning compliance permit review of 17 CB16-0020. 18 19 Karen Barrows: That’s it? 20 21 Michael Harvey: I need a motion to enter it in the record. 22 23 Karen Barrows: Ok. 24 25 Motion made by Matt Hughes to enter staff’s abstract into the record. Seconded by Barry Katz. 26 VOTE: Unanimous 27 28 Michael Harvey: Also for purposes of establishing the record you have two items at your place and 29 both attorneys have the provided copy as well. You have the order from your last Board of 30 Adjustment hearing on this matter as County Exhibit 2. You also have as County Exhibit 3 the 31 separate provisions of the General Statute dealing with bona fide farm regulation, including 153a-32 340 the grant of power. North Carolina General Statute (NCGS) 106-581.1: agricultural defined. 33 And NCGS 99e-30: definitions agro-tourism activity liability. I’d also like these entered into the 34 record. 35 36 Motion made by Matt Hughes to enter County Exhibit 3 into the record. Seconded by Barry Katz. 37 VOTE: Unanimous 38 39 Michael Harvey: As articulated in the abstract the Board of Adjustment held a hearing on October 40 the 24th, 2016 to review an appeal of a determination made by the zoning officer concerning the 41 zoning permit review of CB16-0020. The Board determined that staff had erred in its determination 42 that a zoning compliance permit review was not required. And as articulated in the abstract and 43 within your order, which is again attached as County Exhibit 2, this Board directed the Orange 44 County planning director or their designee, of which I am the designee, to review the March 16, 45 2016 building permit application and make a determination as to whether the structure identified 46 (there)in will be used for bona fide farm purposes and whether its use as a wedding and event 47