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BOA minutes 031317
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BOA minutes 031317
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BOCC
Date
3/13/2017
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 031317
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APPROVED 6/12/17 <br />1 agricultural and farming also include the marketing and selling of agricultural products, agro- <br />2 tourism, the storage and use of materials for agricultural purposes, packing, trading, processing, <br />3 sorting, storage, and other activities performed to add value to crops, livestock, and agricultural <br />4 items produced on the farm and similar activities that are incident to the operation of the farm. Let <br />5 me go back to my tomato stand. My tomato stand is incident to my growing tomatoes on my farm. <br />6 I'm just going sell me some of them. That makes perfectly good sense. You cannot skip, when you <br />7 go to this as your next definition, you cannot skip this cogent incidental, it's incidental to. And so <br />8 the finding that Mr. Harvey made that the that the this is incidental to is really without explanation <br />9 as to how that ties back to the particular facts. And so that is your next error. Mr. Harvey then talks <br />10 about article 10 in the definitions of the UDO, and it defines agro- tourism as a business directly <br />11 related or incidental to agricultural activities occurring on a bona fide farm, which is located and <br />12 conducted for employment or education of the public. He then uses the Merriam - Webster <br />13 dictionary definition of agro- tourism as a practice of touring agricultural areas to see farms and <br />14 often to participate in farm activities. Well I suppose when you're having a wedding I guess you see <br />15 the farm, kind of. I'm not concerned about the kindergarten children. You'll notice I didn't ask any <br />16 questions about the exhibit about the kindergarten children go out there and look at flowers. <br />17 Perhaps that's some form of agro- tourism if there's farming going on. But this wedding venue <br />18 concept, an event center concept, is not about coming out and looking at a farm. It's not about <br />19 coming out and commuting with the chestnuts, or picking a few flowers for your wedding, it is a <br />20 wedding venue. It's about the weddings. Of the seventeen brides coming out there I bet every one <br />21 of them thinks it's about their wedding. Because that's what it is. It's a wedding eevue. It's a <br />22 wedding venue. So again, in the concept of what agro- tourism is, an occasional wedding on you <br />23 farm. If you want to get married on a farm and a farmer has an occasional wedding on a farm that's <br />24 a very different concept. I live next door to Brenda Leeper's wedding venue and people get married <br />25 out there from time to time. Not terribly often. She lives off of the main thoroughfare. She lives on <br />26 top of a whole bunch of subdivisions. There's not much farming going on around her that's for sure. <br />27 She's about the only farm out there. She owns an urban farm. But when people get married out <br />28 there they're getting married out there with the goats wandering around and they have an <br />29 occasional wedding, it's out in an open building and lovely though it is, it's designed not for every <br />30 kind of wedding. This is truly a wedding venue. We looked at some of the website picture before <br />31 and it's designed for lovely weddings, it's designed for formal weddings, it's designed for weddings <br />32 that involve lace shoes and roses for flowers. It's not a wedding that's, a wedding venue that's <br />33 about being on a farm. And so the determination by Mr. Harvey that somehow this wedding and <br />34 event center venue that use, that's the only use I'm here talking about, weddings and events, that <br />35 are of that kind of magnitude are not incidental to anything going on that property, either when you <br />36 heard it or as it was supplemented tonight. So Mr. Harvey's conclusion that the use of the barn <br />37 structure for weddings is related and incidental to the property being used for a bona fide farm <br />38 ` purpose is not tied back to any facts to support it in his opinion. And it's not tied back to facts, <br />39 because if you tie it back to the facts you found that you can't get there. We then have Mr. Harvey's <br />40 advisory opinion about the building code, which I think is also a very serious thing and I want to <br />41 speak to it briefly. Actually, I want to back up and just mention 99e -30, which is the other place that <br />42 we see mention of agro- tourism and I want to point out to the Board that that particular statute is <br />43 fairly broad because it's the agricultural activity, agro- tourism activity liability act, and it's designed <br />44 to help people get exemptions from liability under certain things. It's not a definition that's even <br />45 incorporated into 150a. So, just want to mention that to you as we use that. The building code <br />46 issue is again not the issue that's before you. The building code requirements stand separate and <br />47 apart as they are currently written to the zoning power. The zoning power is the power given by the <br />36 <br />
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