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APPROVED 6/12/17 <br />1 LeAnn Brown: Did anybody review it? <br />2 <br />3 Michael Harvey: It was reviewed by staff, specifically the Planning Director for Orange County, as <br />4 well as representatives of the County's Attorney Office, <br />5 <br />6 LeAnn Brown: Without telling me any advice you may have received were you given advice and <br />7 counsel about the content of the order from the County Attorney's Office. <br />8 <br />9 Michael Harvey: I'm sorry, can you specify? You're talking about the order or the letter? <br />10 <br />11 LeAnn Brown: The letter, <br />12 <br />13 Michael Harvey: I was given advice in direction from both the Planning Director and options from <br />14 the County's Attorney Office in terms of solidifying the order, which is County Exhibit 2. And <br />15 information was provided in terms of articulating staff's response from both the Director and the <br />16 County's Attorney Office, with respect to the November 7th letter. <br />17 <br />18 LeAnn Brown: Is your? And if you answered a question from Mr. Katz a few moments ago about <br />19 the fact that you had at one time been of the opinion that this particular use did require a Special <br />20 Use Permit, is that correct? <br />21 <br />22 Michael Harvey: Correct, <br />23 <br />24 LeAnn Brown: Was that opinion based on your interpretation of North Carolina law at the time? <br />25 <br />26 Michael Harvey: It was based on my interpretation not only North Carolina law, but the evidence 1 <br />27 had at my disposal the times the determination was made. <br />28 <br />29 LeAnn Brown: And your current decision is based upon our belief that you are bound by the <br />30 statements made in an affidavit as to use? <br />31 <br />32 Michael Harvey: My determination at this time is based on interpretation of existing State law and <br />33 consultation with advice presented by the County's Attorney's Office and the record of CB16 -0020 <br />34 to which, yes ma'am, did include an affidavit, as well as documentation articulating the status of the <br />35 property as a farm as defined by NCGS. <br />36 <br />37 LeAnn Brown: And did you consider in forming your determination in response to the remand from <br />38 the Board of Adjustment any of the evidence that was given during their two -day hearing? <br />39 <br />40 Michael Harvey: No. <br />41 <br />42 LeAnn Brown: None of the evidence whatsoever was considered by you in making that <br />43 determination? <br />44 <br />45 Michael Harvey: For my determination relied on the definition as prescribed by Statutes, the <br />46 information we had on record at the time, as well as the direction provided by the Board of <br />47 Adjustment in terms of what they had asked staff to do. Specifically, whether the structure identified <br />13 <br />