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BOA minutes 110915
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BOA minutes 110915
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BOCC
Date
11/9/2015
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 110915
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Approved 1/11/2016 <br /> <br />OC Board of Adjustment – 11/9/15 Page 39 of 48 <br /> <br />now. As a general reminder, once you close the hearing, you cannot ask staff or anybody else questions, except your duly 1 <br />appointed Board attorney. Staff will be unable to answer questions, provide feedback, provide general guidance. The applicant 2 <br />cannot offer comment and any one in opposition or in support can also not offer comment. With that being said, unless you have 3 <br />any specific questions of me, I’m just going to turn over to Pat and let him review the script. 4 <br /> 5 <br />Barry Katz: I have a question. And this may not be relevant to this, because you touched on it. The question of whether this land is 6 <br />designated agricultural. Because if it’s designated agricultural the use for agro tourism is having a wedding then as a legitimate 7 <br />reason for putting in this venue. Is it possible that the applicant could have simply put this up based on the permissible use without 8 <br />going through this permit? 9 <br /> 10 <br />Michael Harvey: Based on the current wording of state law, and if the applicant demonstrates there is an actual farm on the 11 <br />property and the proposed venue is connected with the marketing of same, the answer is yes. I will have to remind the Board as I 12 <br />indicated at the onset of this meeting we determined this use required the SUP. 13 <br /> 14 <br />Barry Katz: You decided? 15 <br /> 16 <br />Michael Harvey: Yes, that was our determination. 17 <br /> 18 <br />Barry Katz: Your determination was not appealed. 19 <br /> 20 <br />Michael Harvey: And I think you’ll see; I’ll call your attention to the actual application packet itself from 11-36 the applicant states in 21 <br />a couple occasions that they wanted to go through this process because they thought it was equitable. And it’s not to sway any of 22 <br />your opinions, that’s just fact. 23 <br /> 24 <br />James Bryan: Alright. 25 <br /> 26 <br />Karen Barrows: One thing that came up during the discussion was there were going to be some conditions in addition to the ones 27 <br />that staff had recommended. If I remember correctly? Self-imposed? 28 <br /> 29 <br />Sharron Linn: There is a statement of self-imposed conditions within your packet. I don’t know what page it’s on. 30 <br /> 31 <br />Michael Harvey: That’s attachment 3 of what’s been provided this evening. Applicant exhibit 3, excuse me I’m sorry. 32 <br /> 33 <br />Michael Harvey: And those conditions read as follows: events will be required to end at 11 pm with all food and drink service and 34 <br />music ending at that time. The building will remain open following that time as needed for cleanup and break down of equipment 35 <br />and furnishings. Number two, no amplified outdoor music, except for wedding ceremonies and outdoor amplified music at all after 36 <br />8pm. Addition 3, proper liquor alcohol licenses shall be in place for all events, if alcohol is being served. The barn of Chapel Hill 37 <br />will work compliance to properly plan for the use of free and/or discounted shuttle/car service during events. And condition 4, 38 <br />pursuant to NCGS 14-410, no pyrotechnics shall be allowed on the property. NCGS 14-414 defines pyrotechnics to be and include 39 <br />all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes. That’s the recommended and 40 <br />proposed conditions, requested imposed conditions. 41 <br /> 42 Patrick Mallett: Ok so, in your abstract attachment 5 the last attachment is what is –inaudible- as you’ll see on page 80 it goes 43 <br />through the general findings with both sides, described in detail. In terms of the general findings that are required by the UDO. 44 <br />There’s one, two and three and then the specific findings that is, 1-4. Turn to, starting on page 81, this sort of takes them off point 45 <br />by point. The items in green are the application components, namely outlined in section 2 2.2 and 2.7 of the UDO. All of those 46 <br />items were met. And, by the way, some of you may know this but this really indicates that they submitted something to meet that 47 <br />requirement. It doesn’t speak to the quality of what was submitted, this means you go to the dance it doesn’t mean to get a dance. 48 <br />Notification requirements, those are the items in tannish/pinkish on page 81 all of those items were met. Specific standards, 49 <br />outlines on page 82, those cover waste disposal, safety, vehicular access, those are namely covered with attachment 4 of the 50 <br />abstract. Which I believe is the second one in the application. Its comments provided by various Orange County departments. 51 <br />Starting up on page 83, standards for camper and retreat center. Those are the large part numerated in UDO section 5.7.4. Those 52 <br />cover the site plan requirements, the standards of evaluations and various performance standards for camp/retreat centers. That’ll 53 <br />run through to page 84. And on page 85 we have the specific findings that I believe you’ll need to read out point by point. That are 54 <br />numerated in UDO section 5.3.2 to a, b and c. Then on page 86, if approved, these are findings or conditions that would be 55
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