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Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 102 of 113 Barry Katz: Well on May 18th, this indicates that there was an application filed for building permit. Along with 1 an affidavit indicating the structure would be used for agricultural purposes exempt from zoning. And this is 2 what Mr. Harvey is saying. As a result of the submitted documentation no zoning approval of the property 3 was required for a building permit. So because they had demonstrated that they’re an agricultural entity 4 they made their application. This wasn’t about whether they were approved or not approved. This was just 5 about their application. And he said that there’s no zoning because of the submitted documentation that this 6 is an agricultural entity. Am I right on this? That’s the clearest reading I can get on this. And that’s what he 7 says, that future zoning enforcing will depend on actually use because submitted documentation indicates 8 that this is an agricultural entity. That’s why how the building permit was filed… So what our question is 9 becomes maybe a little bit more confusing but because as your attorney said, it’s based on current 10 evidence. Not future evidence. 11 12 James Bryan: Yeah so, again, I can’t give you testimony but I can give you legal advice. Everything is going 13 to look at the case of act and when you’re reviewing the applications, the application on its face. So for 14 instance, there was an application that started this appeal and it says, “Here are the applicants, here is the 15 issue” and they’re allowed to expand upon that when they’re at their hearing but you take it at face value. 16 And that’s the same thing for the building permit, for zoning compliance permits, and stuff like that. And a 17 SUP comes to you guys and says, “I want to build a daycare”. If you say, “Actually, you’re going to build 18 eldercare.” You can’t do that. You have to look at what I’m asking for. I’m asking for a permit for a daycare. 19 Then you issue me the permit for a daycare and as soon as I have eldercare, when I have nurses running 20 around, and I have retired people then you can be like, “Whoa, that’s a notice of violation”. Because the 21 notice of violation is when that use occurs but the permit is issued on its face about what these people are 22 alleging and what they’re asking for. 23 24 Susan Halkiotis: But in a case like that the damage is done. What you’ve built is for a daycare and what 25 you’re using it for is an eldercare. And there are specific regulations for both of those thing and one doesn’t 26 fit the other. 27 28 James Bryan: And that gets tricky. So let’s go to building permits. I ask for a building permit for childcare 29 and it turns out to be eldercare. If there is a change is use the permit would not be valid anymore and if 30 there’s not a valid permit the building inspector can condemn the building. 31 32 Susan Halkiotis: But if the change in use occurs after the building has been built. 33 34 James Bryan: And that’s why there’s an issue later on we may get to about the state and while the property 35 owner is mentioned to that they’re proceeding at their own risk. There’s been cases where people spend 36 millions of dollars on this mountain home and then it’s an inch over the property line, “I’m sorry, you’re 37 going to have to tear it down” type thing. And it’s a big waste of funds. For you guys: just decided what is in 38 front of you and what the UDO requires of you guys. 39 40 Barry Katz: We do not take into consideration the substance of this submitted documentation in this case, 41 correct? What I mean is… The submitted documentation would purport that this was an agricultural entity 42 for agricultural purposes. The argument that we heard is that the agritourism aspect is potentially not 43 incidental but in fact is the actual purpose of this whole activity. That the farming is secondary to the 44 wedding venue. Not that the wedding venue is sort agritourism related to an agricultural activity. We’d 45 already been through this, we’d looked at this building, the septic field, and the parking, and all of that stuff. 46 None of that has changed. That doesn’t enter into this, is that correct? 47 48