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Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 6 of 113 James Bryan: Madame Chair, if I could interject here just for the clarity of this case, I think it’d be best to 1 understand exactly what is under appeal, what is the issue of the appeal. I was a bit confused whether… I 2 heard septic permits as well so perhaps LeAnne Brown if you could restate… 3 4 LeAnne Brown: It’s our contention that in order to proceed with the development of this property the 5 property owner is required to have a SUP, which was denied, and so the determination by the County Staff 6 that no permits were required because of the farm use is the decision under appeal. The building permit is 7 the obvious permit that goes first but what followed from that was the ability to do the septic permit and 8 otherwise but the appeal is of the grant of the building permit. 9 10 Karen Barrows: Does that answer your concern, James? 11 12 James Bryan: If I could just restate it. The determination by Staff that no SUP was required for the building 13 permit. 14 15 LeAnne Brown: Or stated another way that the plans as proposed were exempt from the Orange County 16 Zoning Ordinance. 17 18 Barry Katz: Because… 19 20 LeAnne Brown: Because of the determination by the Staff that under 153a-340 the County didn’t have 21 zoning jurisdiction over the use because of the farm. 22 23 Barry Katz: For farm uses? 24 25 LeAnne Brown: Yes, sir. It’s our contention that the use as proposed is a non-farm use and therefore if it’s a 26 non-farm use the County Zoning Ordinance applies. So I think we’re saying the same thing in three distinct 27 ways. When the building permit application was filed we believe it should have been rejected by the 28 County, however way you want to… 29 30 James Bryan: And that’s important. There’s two other elements: who and when? So, I think the Board 31 should clarify, when it’s Staff, who exactly that Staff is and when that determination was made. 32 33 LeAnne Brown: The decision that we appeal before this Board is the decision, that of Mr. Harvey, that no 34 permit was required and the appeal was required within 30 days of his notice to me that he had made that 35 decision. 36 37 James Bryan: So if I could advise the Board; there is a very base of appeal and usually for a permit it is to 38 the property owner, there is some written piece of paper and it’s when they receive that. For other people, 39 other parties, it’s when they receive actual notice of it. It’s still important to understand when the actual 40 determination was made. 41 42 Barry Katz: Alright, I’ve got a question. There was a determination made that this was agricultural property 43 and had good justification. Presumably for making that determination that this was qualified as a farm, 44 right? That was one, and then the other thing was the application for the building permit was the second 45 thing that comes up. We have to know, is there any question about whether this property is legitimately 46 agricultural? 47 48