BOA minutes 110915 - Laserfiche WebLink

Browse Search

Approved 1/11/2016 OC Board of Adjustment – 11/9/15 Page 3 of 48 in your place (for your use). I believe they are self-explanatory but if you have any questions, I’ll be more than happy to answer 1 them. At this time, we are here for a hearing for a Class B Special Use Permit (SUP) application. Staff would like to enter into the 2 record the abstract that has been prepared including the property vicinity map on page 10, the application which is on pages 11 3 thru 36, the notification materials on pages 37 thru 66, staff comments, pages 67 thru 79, the SUP finding of fact on pages 80 thru 4 86 and under separate cover a copy of the North Carolina General Statutes (hereafter NCGS) 153A-340B from pages 87-90. 5 NCGS 106-581.1 pages 191, a brochure produced by the North Carolina Department of Agriculture pages 92-116 and then 11 by 6 17 copy of the sight plan. I’d also like to ask the board to enter copy of the unified develop ordinance for the record as well as a 7 copy of the 2030 Orange County Comprehensive Plan. That requires a motion. 8 9 Karen Barrows: Is there a motion to enter this material into the record? 10 11 MOTION made by Matt Hughes to enter the material into the record. Barry Katz seconded. 12 VOTE: Unanimous 13 14 Karen Barrows: And you’re closed. 15 16 Michael Harvey: Before Pat begins, Pat Mallett of my staff will be doing the lion share of the presentation this evening on the 17 specifics (of the case). There are a couple things that I want to state from the beginning. 18 19 We are here because staff has determined this proposal requires a Class B Special Use Permit in order to operate. As you will 20 note from the abstract as well as some information provided within the notification materials, there has been some concern in 21 discussion over the properties current status as a farm. Your charge tonight is not to review, interpret or make a decision on this 22 properties status as a farm as defined by the general statute (State of North Carolina General Statutes). That’s not your charge 23 this evening. In fact, you all don’t have any authority to make that determination. The staff doesn’t technically even get to make 24 that determination. Whether or not this property is or is not a farm is not material to the discussion that is about to occur. Whether 25 or not this project can be considered part of a farming operation is also not material to the discussion that is about to occur. It is 26 likely the applicant has the ability to develop an agritourism operation on a farm, which can include a wedding venue, without 27 permits from the County as same is exempt from our review and permitting authority. 28 29 What I will state is that a retreat center is allowed in this zoning district where this property is located subject to this permit being 30 issued. You will be hearing testimony this evening both for and against this application. You will be basing your decision with 31 respect to the issuance of this permit solely on the competent material evidence and sworn testimony entered into the record as to 32 whether or not this project meets the standards of the Unified Development Ordinance. 33 34 Before I ask if there’s any questions that allow us to proceed I have another piece of housekeeping to do. I have had a relationship 35 with Mr. David Rooks who’s representing several adjacent property owners for approximately ten years. That relationship actually 36 pre-dates my employment with the County. His firm has done legal work for my family, his firm has done legal work for me. I will 37 state for the record that David and I have not had any specific conversations as they relate to the specific aspects or merits of this 38 case. We have discussed this hearing in terms of what information was going to be provided, i.e., does he have a power point 39 presentation, does he need any special consideration to have information presented at this hearing, and so on. We have not talked 40 about the specifics of the case. 41 42 Barry Katz: Is this an appropriate time to also state that I have a very slight, but real relationship with David Rooks as well? I have 43 known David probably thirty years in his law firm, maybe longer. I can’t even remember what the original issues were but, it may 44 have had something to do with Orange County as I was chair of the democratic party for some years, years ago. Other issues, 45 David also represented my neighborhood in a hearing such as this, about two years ago, where we opposed the development of 46 property adjacent to our neighborhood. So he represented us in a circumstance similar to what he has now. I have not spoken to 47 David or seen David since then, or have I had any discussions of substance with him on any subject since then and it’s a surprise 48 to see him here. 49 50 Karen Barrows: Thank you for that. 51 52 Michael Harvey: If there’s nothing further I’d like to turn over to Mr. Mallett who’s going to present staff’s abstract. 53 54