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ORANGE COUNTY <br />BOARD OF ADJUSTMENT <br />AGENDA ITEM ABSTRACT CASE A-1-17 <br /> Meeting Date: May 7, 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. Joint Correspondence Concerning <br />Review of Subpoena Request <br />3. Excerpt of Session Law 2017-108 <br /> Michael D. Harvey, Planner III (919) 245-2597 <br /> Craig Benedict, Director (919) 245-2575 <br /> <br />PURPOSE: To convene a hearing to begin review of an appeal application (Attachment 1) <br />concerning an October 13, 2017 determination made by the Planning Director. <br /> <br />Attorneys for the applicants and impacted property owner have filled a joint request (Attachment <br />2) asking the Board to first review issue(s) associated with the denial of subpoena requests by <br />Vice-chair Barrows. The full Board is being asked by the applicant to issue the requested <br />subpoena. <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 3. <br /> <br />On October 12, 2017 staff received a request from Mr. Andy Petesch for a: ‘… formal <br />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 />After consulting with Mr. John Roberts of the County’s Attorney office, the Planning Director <br />made the determination the structure located on the property is classified as a bona fide farm <br />purpose pursuant to the provisions of NCGS 153A-340 (b) (2a) and is not subject to the land <br />use regulations as embodied within the Orange County Unified Development Ordinance (UDO). <br />A copy of this determination is contained within Attachment 1. <br /> <br />As indicated, the appeal application contains a request for the Board chair to issue subpoenas <br />for information supplied to the North Carolina Department of Revenue by Southeast Property <br />Group LLC (a.k.a Wild Flora Farm) allowing for the issuance of the final sales tax exemption 1