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BOA minutes 101016
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BOA minutes 101016
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3/26/2018 9:14:37 AM
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BOCC
Date
10/10/2016
Meeting Type
Regular Meeting
Document Type
Advisory Bd. Minutes
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BOA agenda 101016
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2016
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Approved 12/12/16 <br />OC Board of Adjustment – 10/10/16 Page 30 of 113 <br /> <br /> <br /> 1 <br />LeAnne Brown: I have no further questions of Mr. Harvey. 2 <br /> 3 <br />Andy Petesch: Thank you. Mr. Harvey, do you have a copy of the earlier Minutes from the November 9th 4 <br />Board of Adjustment meeting? 5 <br /> 6 <br />Michael Harvey: Yes. 7 <br /> 8 <br />Andy Petesch: And would you turn to page 3 please? 9 <br /> 10 <br />Michael Harvey: Alright. 11 <br /> 12 <br />Andy Petesch: And then starting on line 17, that paragraph was your testimony to the Board , is that 13 <br />correct? 14 <br /> 15 <br />Michael Harvey: Correct. 16 <br /> 17 <br />Andy Petesch: And would you read the first two or three sentences there for the Board, beginning on line 18 <br />20? 19 <br /> 20 <br />Michael Harvey: Line 20 begins as follows: We are here because staff has determined this proposal 21 <br />requires a Class B SUP in order to operate. As you will note from the abstract as well as some information 22 <br />provided within the notification materials there has been some concern in discussion over the property’s 23 <br />current status as a farm. Your charge tonight is not to review, interrupt, or make a decision on property 24 <br />status as a farm as defined by the General Statute (State of North Carolina General Statute). That is not 25 <br />your charge this evening. In fact, you all don’t have any authority to make that determination. 26 <br /> 27 <br />Andy Petesch: Ok you can stop there. And so their charge as you were explaining there was only to 28 <br />consider the requirements of the SUP and not to evaluate this property as a farm? 29 <br /> 30 <br />Michael Harvey: Correct. 31 <br /> 32 <br />Andy Petesch: And it is your understanding that that was what Ms. Brewer… Did you ever instruct Ms. 33 <br />Brewer similarly that this wasn’t a place to address the farm; it was to focus on the SUP standards? 34 <br /> 35 <br />Michael Harvey: Yes. 36 <br /> 37 <br />Andy Petesch: And secondly, you noted earlier that you have not made any determination as to the specific 38 <br />uses on the farm at this point? With respect to whether they are non-farm purposes or bona fide farm 39 <br />purposes. 40 <br /> 41 <br />Michael Harvey: Correct. 42 <br /> 43 <br />Andy Petesch: And what circumstances were contributed to make such a determination? 44 <br /> 45 <br />Michael Harvey: It would depend on the use of the property and our investigation has retained whether or 46 <br />not they are even allowed under the current Unified Development Ordinance or they are exempt from 47 <br />zoning review authority per the statute. 48 <br /> 49
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