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BOA agenda 061217
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BOA agenda 061217
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BOCC
Date
6/12/2017
Meeting Type
Regular Meeting
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Agenda
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DRAFT <br /> 5 <br />This letter concluded by offering an advisory opinion as it relates to requirement for building permit 1 <br />for farm structures. I will note that this is an advisory opinion. It was not a formal determination and 2 <br />is not subject to your review here this evening in terms of a determination. Put simply, State law 3 <br />exempts farm structures from having to comply with certain components of the building code. And 4 <br />the argument that we presented or the finding we presented herein indicated that in the practical 5 <br />sense Ms. Brewer did not have to apply for a building permit in the first place as this is a farm 6 <br />structure. The remainder of the various attachments including on page 173 the actual application 7 <br />CB16-0020, attachment 2 the UDSA farm number, which is on page 80. 180, excuse me. 8 <br />Attachment 3, which is the sales tax exemption letter authored by the North Carolina Department of 9 <br />Revenue, that’s on page 181. On page 182 we have attachment 4; dealings of findings of the North 10 <br />Carolina Department Insurance Office, State Fire Marshall, Engineering Division as it relates to the 11 <br />advisory opinion we proffered on the building permit status of the structure. The adjacent property 12 <br />owners have appealed this determination alleging that I have erred with respect to the 13 <br />interpretation of the ordinance and erred in not requiring the Brewers’ Southeast Property Group 14 <br />LLC to obtain a zoning compliance permit and that I erred in not requiring a zoning compliance 15 <br />permit as well. Unless you all have any questions I think it’d be appropriate to turn it over to Ms. 16 <br />Brewer, who is represent… I’m sorry, my apologies. Ms. LeAnn Brown, who is representing the 17 <br />appellants here this evening. 18 <br /> 19 <br />Karen Barrows: Any questions for Michael? 20 <br /> 21 <br />Susan Halkiotis: I don’t have any. 22 <br /> 23 <br />Barry Katz: I know we’ve been through this before so in other words Ms. Brewer never had to be 24 <br />here in the first place. Is that what you’re saying? Are you not saying anything right now? Is anyone 25 <br />going to answer that? 26 <br /> 27 <br />Michael Harvey: When you say is not required to be here, not supposed to be here, can you 28 <br />expand on that question a little bit? 29 <br /> 30 <br />Barry Katz: What I mean is did she need a zoning permit or anything to build the structure? 31 <br /> 32 <br />Michael Harvey: As the Board will recall, and I testified in other hearings before this Board, we 33 <br />determined Ms. Brewer had to get a Class B (Special Use Permit). That permit was denied. 34 <br />Subsequently building permit was filed, which we rejected. 35 <br /> 36 <br />Barry Katz: Oh, ok. 37 <br /> 38 <br />Michael Harvey: Ms. Brewer in March of 2016 filed a revised building permit with information 39 <br />indicating the property was a bona fide farm, would be used for a bona fide, and that the structure 40 <br />was going to be used for farm purposes. Based on the current wording of the Statute and on 41 <br />advice proffered by the County’s Attorney Office we were not permitted to review this use given its 42 <br />farm exempt status. 43 <br /> 44 <br />Susan Halkiotis: On which occasion? The March… 45 <br /> 46 <br />Michael Harvey: The March 16th application. Or the March 2016 application. 47
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