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BOA agenda 070918
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BOA agenda 070918
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7/9/2018
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BOA minutes 070918
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to not sign as she could have done as vice chair. She summed up her argument by saying that it would be 195 <br />error indeed for the Board of Adjustmentto refuse to issue the subpoenasbecause it would render her 196 <br />party unable to present a case to the board or to make an offer of proof to this board. If the boardrefuses, a 197 <br />higher court would likely say let’s see what an offer of proof would have been, she said.She asked that the 198 <br />board issue the subpoenas and that the subpoenas require that the information be submitted before the 199 <br />next hearing andthat the persons listed are presenttoanswer questions.200 <br />201 <br />Andy Petesch,of the Wake CountyBar, addressed the board and said he was here on behalf of Kara 202 <br />Brewerand the actual property owner now, which is Wild Flora Farm LLC. He said therewas a merger 203 <br />between Wild Flora Farm LLC and Southeast Property Group in February of this year. He passed out 204 <br />documents with that information. 205 <br />206 <br />Randy Herman asked if LeAnnBrown had been provided a copy.207 <br />208 <br />LeAnn Brown answered she was receiving that information just now. 209 <br />210 <br />Andy Peteschgave documentation to the boardand offered itinto the record and clarified that now Wild 211 <br />Flora Farm LLC owns the property.212 <br />213 <br />Andy Peteschsaid this is not a complicated decision. There is not a need for this potentially vast amount of 214 <br />documents that are being requested. The letter submitted on October 12, 2017, on behalf of SPG/Wild 215 <br />Flora/Kara Brewer included the exemption certificate, which is located on Page 11 of the agenda packet;a216 <br />deed at the time, which was owned by SPG LLC/Southeast Property Group and now by operation of law 217 <br />owned by Wild Flora Farm LLC; an annual report by SPG showing KaraBrewer as the loan member; and a 218 <br />certificate of assumed name at the timewhile SPG and Wild Flora Farm were working on that merger, 219 <br />(SPG operatedunder the pseudonym Wild Flora Farm). 220 <br />221 <br />Andy Petesch said what is agritourismand abonafide farm was the subject of a lot of debate and was the 222 <br />subject of several public hearingsbefore this board.And as the Board of Adjustment has already heard, in 223 <br />July 2017, theGeneral Assembly tried toclarify that and they created a very straightforward compliance 224 <br />under the statute for a bona fide farm to conduct agritourism in a structure or building on a farm under 225 <br />N.C.G.S. 153(A)-340(b) (2a), located at the end of the agenda packet. This statute describes agritourism, 226 <br />which includes weddings and special events, and states that a building or structure used for agritourism isa227 <br />bonafide farm activity if the building or structure is located on property that is owned by a person who holds 228 <br />a qualifying sales tax exemption certificate. The same person or entity who owns the certificate also needs 229 <br />to own the property. In some cases that may be a straightforward Joe Smithowns a property and holds a 230 <br />certificate, but many farms havedifferent entitiesfor different aspects of their operations. That’s where231 <br />Southeast Property Group, Wild Flora Farm, KaraBrewerhad to resolve some of those inconsistencies.232 <br />That has been brought into alignment and those documents have been presented to MichaelHarvey.233 <br />That’s all there is to this case, Andy Petesch said. As this point, Wild Flora Farm and KaraBrewer hold the 234 <br />certificate. Wild Flora Farm ownsthe property. There is noneed to go into all these other document 235 <br />requests, which is burdensome.236 <br />237 <br />Andy Petesch said LeAnn Brown focused on “relevant” underthe requirement ofN.C.G.S. §160A-388(g), 238 <br />but “reasonable in nature and scope” is also part of the requirement. Requesting to go behind these 239 <br />documents to look at personal, confidential financialinformation, tax records, and wantingto dig through 240 <br />that looking for some issue to continue the fight against this property isan overreach at this point, he said.241 <br />MichaelHarvey had those documentsand this board hasall the powers that he has. This board needs to242 <br />stand in his shoes andlook at all this information fresh and determine whether this meets the statute. This 243 <br />21
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