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Approved 12/12/16 <br />OC Board of Adjustment – 10/10/16 Page 28 of 113 <br /> <br /> <br />Michael Harvey: Correct. 1 <br /> 2 <br />LeAnne Brown: And is the cost of construction still $734,988.75? 3 <br /> 4 <br />Michael Harvey: Yes. 5 <br /> 6 <br />LeAnne Brown: And is the alleged inaudible still $74, 615? 7 <br /> 8 <br />Michael Harvey: Yes. 9 <br /> 10 <br />LeAnne Brown: Is parking shown within that application? 11 <br /> 12 <br />Michael Harvey: No. 13 <br /> 14 <br />LeAnne Brown: Are driveways shown within that application? 15 <br /> 16 <br />Michael Harvey: No. 17 <br /> 18 <br />LeAnne Brown: Other than the change in the description of the project, are there any differences in the 19 <br />plans between plans in January that you determined still required a SUP in the plans in March that you 20 <br />determined did not? 21 <br /> 22 <br />Michael Harvey: The difference is an affidavit indicating the property is now a farm use and as such the use 23 <br />of the property is farm activity. 24 <br /> 25 <br />LeAnne Brown: And that affidavit is an affidavit submitted by Kara Brewer? 26 <br /> 27 <br />Michael Harvey: Correct. 28 <br /> 29 <br />LeAnne Brown: And what independent activities did you or Orange County undertake to determine the 30 <br />extent of which the proposed use was incidental to the farming activity identified in that affidavit? 31 <br /> 32 <br />Michael Harvey: Well as we indicated in our email to you, we haven’t made any final determination of use 33 <br />(of property) whatsoever. In fact, if I can quote back to the May 18th email, on page 76 of the packet, “As an 34 <br />update to the barn project off Morrow Mill Road I would like to offer you the following: you may already be 35 <br />aware the applicant has filed a building permit application proposing the construction of an agricultural 36 <br />structure i.e.) a barn, along with an affidavit indicating the structure will be used for agricultural purposes 37 <br />exempt from zoning. As a result from the submitted documentation that zoning approval for the project was 38 <br />required for a building permit further zoning enforcement will be dependent upon actual use of the property 39 <br />and whether it is consistent with the County UDO or state statutory exemptions. At this juncture we don’t 40 <br />have any sufficient evidence to document or demonstrate that the activity is not going to be inconsistent 41 <br />with the bona fide farm exemption. As future use of the property is made we will then have to make 42 <br />additional determinations’. 43 <br /> 44 <br />LeAnne Brown: And the evidence that you have with regard to the use is solely the affidavit that you have 45 <br />from Ms. Brewer? 46 <br /> 47 <br />Michael Harvey: Correct. And the building permit application itself. 48 <br /> 49