Orange County NC Website
APPROVED 6/12/17 <br />1 This letter concluded by offering an advisory opinion as it relates to requirement for building permit <br />2 for farm structures. I will note that this is an advisory opinion. It was not a formal determination and <br />3 is not subject to your review here this evening in terms of a determination, Put simply, State law <br />4 exempts farm structures from having to comply with certain components of the building code. And <br />5 the argument that we presented or the finding we presented herein indicated that in the practical <br />6 sense Ms. Brewer did not have to apply for a building permit in the first place as this is a farm <br />7 structure. The remainder of the various attachments including on page 173 the actual application <br />8 C1316 -0020, attachment 2 the UDSA farm number, which is on page 80. 180, excuse me. <br />9 Attachment 3, which is the sales tax exemption letter authored by the North Carolina Department of <br />10 Revenue, that's on page 181. On page 182 we have attachment 4; dealings of findings of the North <br />11 Carolina Department Insurance Office, State Fire Marshall, Engineering Division as it relates to the <br />12 advisory opinion we proffered on the building permit status of the structure. The adjacent property <br />13 owners have appealed this determination alleging that I have erred with respect to the <br />14 interpretation of the ordinance and erred in not requiring the Brewers' Southeast Property Group <br />15 LLC to obtain a zoning compliance permit and that I erred in not requiring a zoning compliance <br />16 permit as well. Unless you all have any questions I think it'd be appropriate to turn it over to Ms. <br />17 Brewer, who is represent.., I'm sorry, my apologies. Ms. LeAnn Brown, who is representing the <br />18 appellants here this evening, <br />19 <br />20 Karen Barrows: Any questions for Michael? <br />21 <br />22 Susan Halkiotis: I don't have any. <br />23 <br />24 Barry Katz: I know we've been through this before so in other words Ms. Brewer never had to be <br />25 here in the first place, Is that what you're saying? Are you not saying anything right now? Is anyone <br />26 going to answer that? <br />27 <br />28 Michael Harvey: When you say is not required to be here, not supposed to be here, can you <br />29 expand on that question a little bit? <br />30 <br />31 Barry Katz: What I mean is did she need a zoning permit or anything to build the structure? <br />32 <br />33 Michael Harvey: As the Board will recall, and I testified in other hearings before this Board, we <br />34 determined Ms. Brewer had to get a Class B (Special Use Permit). That permit was denied. <br />35 Subsequently building permit was filed, which we rejected. <br />36 <br />37 Barry Katz: Oh, ok. <br />38 <br />39 Michael Harvey: Ms. Brewer in March of 2016 filed a revised building permit with information <br />40 indicating the property was a bona fide farm, would be used for a bona fide, and that the structure <br />41 was going to be used for farm, purposes. Based on the current wording of the Statute and on <br />42 advice proffered by the County's Attorney Office we were not permitted to review this use given its <br />43 farm exempt status. <br />44 <br />45 Susan Halkiotis: On which occasion? The March... <br />46 <br />47 Michael Harvey: The March 16th application, Or the March 2016 application. <br />5 <br />