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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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board can look at the statute and reverse Michael Harvey’s decision. This board does not need to look at 244 <br />the legal relationship betweenKaraBrewerand her husband. That’s invasive, burdensome and oppressive. 245 <br />That’s why this subpoena request should be denied. There is a list of entities in the subpoena request that 246 <br />have not even been involved. KB Designs, for example, hasn’t been brought up at any point in these 247 <br />proceedings. So, in closing, this board’s authority is to review the decisions that the planning staff make 248 <br />with respectto enforcing the UDO and specificstatutory guidance that informs that. To start looking at what 249 <br />the Department of Revenue is doing andwhether they made the right decisionis completely outside the 250 <br />scope of this board’s authority and would be an abuse of discretion. He asked that they uphold the denial of 251 <br />the request. 252 <br />253 <br />Leann Brown asked for a rebuttal. Karen Barrows said the board did not plan to entertainrebuttals.254 <br />255 <br />Andy Peteschobjected to rebuttals, noting each party had 10minutes, which LeAnn Brown had used. 256 <br />257 <br />LeAnn Brown said she wanted to note that Andy Petesch had misspoken and the date on the document he 258 <br />submitted to the board was February 19, 2018. 259 <br />260 <br />Karen Barrows asked if board members have questions. 261 <br />262 <br />Randy Herman asked Andy Peteschwhether he agrees with LeAnnBrown that this board had found that 263 <br />thechallengers have standing. Andy Petesch said he objects to any finding of standing in this case as he 264 <br />has objected to it at previous hearings.265 <br />266 <br />Randy Herman said specifically N.C.G.S. 153(A)-340 (b) (2a), the agritourism provision, it states under 267 <br />Subsection 1,that the building is a bonafide farm purpose if it is located on property owned by a person 268 <br />who holds a qualified farmer sales tax exemption certificate. The certificate was issued to KaraBrewer and 269 <br />the property owner was Southeast Property Group,now Wild Flora FarmLLC.Those are not all the same 270 <br />person.271 <br />272 <br />Andy Petesch answered the certificate is issued to Wild Flora Farm. The card itself is issued to Wild Flora 273 <br />Farm.The addressee is Kara Brewer onthe letter to which the card isattached. 274 <br />275 <br />Randy Herman said the card does not have the LLCafter Wild Flora Farm. How is the Board of Adjustment 276 <br />toknow that is the same entity or person?277 <br />278 <br />Andy Petesch answered that would be a matter that this board would have to decide at a hearing on that 279 <br />issue. 280 <br />281 <br />Randy Herman asked LeAnnBrownwhether this board had a specific finding thatherclients have 282 <br />standing, as they would be required to have standing to request the subpoenas.283 <br />284 <br />LeAnn Brown said there was detailed testimonyin one of the earlier hearings from each of her sixclients. 285 <br />And the board made the finding of fact that the individuals have standing. She said Andy Peteschmade an 286 <br />appeal to Superior Court on that finding. She can certainly spend a couple of hours putting these people on 287 <br />the standto establish these people having standing. There have been at least four appeals involving this 288 <br />case. She asked that the board make judicial notice that her clients have standing and note Andy Petesch’s 289 <br />objection and move forward to keep this hearing brief. 290 <br />291 <br />22
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