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BOA minutes 031317
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BOA minutes 031317
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3/26/2018 9:13:58 AM
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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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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2017
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APPROVED 6/12/17 <br />1 center is related to or incidental to such bona fide farm purposes, if any. You also granted a <br />2 requested stay of the building permit until this issue had been adjudicated by staff. On November <br />3 the 7th of 2016 we authored a letter to Michael Rettie making the following determination. The first <br />4 question that was posed to us was, "Is the property a bona fide farm ". As articulated in our letter, <br />5 which begins on page 167, in utilizing NCGS 152a- 340(b), the applicant, in this case Southeast <br />6 Properties LLC care of Kara Brewer, had submitted documentation outlining the property's status <br />7 as a farm, specifically a USDA farm number 3963, which we have attached in the letter as <br />8 attachment 1, attachment 2, excuse me, the issuance of a farm sales tax exemption by the State <br />9 Department of Revenue, and a forest management plan. Our conclusion was that the property met <br />10 three out of the (five) criteria's defined by the Statute to qualify (the property) as a farm and as <br />11 such determined it was a farm based on State law. <br />12 <br />13 Two, "Is the structure being developed on the property being used for bona fide farm purposes ? ". <br />14 As we articulate in the letter, the following facts were available to us: According to the application, <br />15 again that is CB16 -0020, the applicant defined the use of the proposed structure as a barn for <br />16 agricultural use, including but not limited to the storage and processing of agricultural products and <br />17 equipment, agro- tourism such as educational workshops, school field trips, weddings, retreats, and <br />18 farm dinners. Support for all other activities related and incidental to the operation of a farm. Our <br />19 conclusion, as articulated again in this letter, is that the structure is going to be used for agricultural <br />20 purposes, <br />21 <br />22 The next question, "Is the use of the structure as a wedding and event center related or incidental <br />23 to the property being used for bona fide farm purposes ? ". In making a determination County staff <br />24 relied on the following facts and available information: We first relied on the definition of the term of <br />25 agricultural, agricultural and farming. As defined by the NCGS 106 -581.1 indicating that when <br />26 conducted on a farm, agro- tourism activities are farming and therefore exempt from review. Agro- <br />27 tourism while being a specifically undefined term within the parameters of the General Statute, <br />28 specifically section 106 - 581.1, is defined in several other venues, and I'm on page 170 for those <br />29 needing to follow along. Staff relied on an existing definition within the UDO, which defines agro- <br />30 tourism as a business directly related or incidental to agricultural activities occurring on the bona <br />31 fide farm on which it is located and conducted for the enjoyment or education of the public. <br />32 Definition from Merriam Webster's dictionary defining agro- tourism as the practice of touring <br />33 agricultural areas to see farms and often to participate in farm activities. The website, maintained <br />34 by the North Carolina Department of Agriculture, providing examples of agro- tourism activities, the <br />35 list of which includes wedding venues is a viable agro- tourism activity. And the definition of an <br />36 agro- tourism activity, as provided under NCGS 99e -30, defining agro- tourism as any activity <br />37 carried out on a farm or ranch that allows members of the general public for recreation, <br />38 entertainment, or educational purposes to view or enjoy rural activities including farming, ranching, <br />39 historic, cultural, harvest your own activities, or natural activities and attractions. An activity is an <br />40 agro- tourism activity whether or not the participant paid to participate in the activity. Agro- tourism <br />41 activity includes an activity involving any animal exhibition at an agricultural fair licensed by the <br />42 commissioner of agriculture pursuant to General Statute 106 - 520.3. Based on this information it <br />43 was our determination that the barn structure to be used in support of wedding activities is related <br />44 and incidental to the property being used for bona fide farm purposes and is consistent with what <br />45 constitutes farming and agricultural activities as defined within the General Statutes. <br />46 <br />Id <br />
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