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ORANGE COUNTY <br />BOARD OF ADJUSTMENT <br />AGENDA ITEM ABSTRACT CASE A-1-17 <br /> Meeting Date: March 12, 2018 <br /> Agenda <br /> Item No. A-3-18 <br /> <br />SUBJECT: CASE A-3-18: Appeal of a Decision made by the Zoning Officer <br /> <br />DEPARTMENT: Planning and Inspections <br /> <br />ATTACHMENTS: INFORMATION CONTACT: <br />1. Appeal Application and Subpoena <br />Requests; <br />2. Applicable Provisions of Session Law <br />2017-108; <br />3. October 12, 2017 Request for <br />Determination Submitted by Andrew <br />Petesch; <br />4. October 13, 2017 Staff Determination <br /> Michael D. Harvey, Planner III (919) 245-2597 <br /> Craig Benedict, Director (919) 245-2575 <br /> <br />PURPOSE: To convene a hearing and begin review of an appeal application (Attachment 1) <br />submitted by several local property owners concerning an October 13, 2017 determination <br />made by the Planning Director. <br /> <br />This includes review/action on a request from the applicant that the Board issue subpoenas <br />compelling the submittal of information deemed essential to the proceeding. <br /> <br />BACKGROUND: On July 12, 2017, Session Law 2017-108 (hereafter ‘the Law’) became <br />effective. The Law included amendment(s) to North Carolina General Statute (NCGS) 153(A) <br />340 (b) (2a) establishing criteria for the use of structures on a bona farm for agritourism events. <br />A copy of the relevant sections of the Law is contained within Attachment 2. <br /> <br />On October 12, 2017 staff received a request (Attachment 3) from Mr. Andy Petesch for a: ‘… <br />formal determination classifying the use of the barn building and structure at Wild Flora Farm for <br />agritourism events as a bona fide farm purpose and, therefore, such use is exempt from the <br />County’s zoning regulation. See Session Law 2017-108, Sec. 8.(a)’. The request involved a <br />structure located on a parcel of property identified utilizing Orange County Parcel Identification <br />Number (PIN) 9729-50-7168 owned by Southeast Property Group LLC (a.k.a Wild Flora Farm) <br />care off Ms. Kara Brewer (hereafter ‘the property’). This is commonly referred to as the Barn of <br />Chapel Hill. <br /> <br />Put simply, Mr. Petesch requested a determination on the status of the aforementioned structure <br />consistent with the provisions of the Law. Staff reviewed the provisions of the Law as well as <br />documentation supplied by Mr. Andy Petesch as part of its deliberation(s). <br /> <br />After consulting with the County’s Attorney office, the Planning Director made the determination <br />the structure located on the property is classified as a bona fide farm purpose pursuant to the <br />65 of 200