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ORANGE COUNTY <br />BOARD OF ADJUSTMENT <br />AGENDA ITEM ABSTRACTCASE A-3-18 <br />Meeting Date:August 13, 2018 <br />Agenda <br />Item No.A-3-18 <br />SUBJECT: CASE A-3-18:Appeal of a Decisionmade by the Zoning Officer <br />DEPARTMENT:Planning and Inspections <br />ATTACHMENTS:INFORMATION CONTACT: <br />1.Appeal Application <br />2.Subpoena Responsefrom Wild Flora <br />Farm LLC <br />3.Request to Quash and Modify <br />Subpoenasfrom Wild Flora Farm LLC <br />4.Excerpt of Session Law 2017-108 <br />5.Excerpt of Minutes from May 7 and July <br />9, 2018 Board of Adjustment Meetings <br />Michael D. Harvey, Planner III(919) 245-2597 <br />Craig Benedict, Director (919) 245-2575 <br />PURPOSE: To reconvene a public hearing concerning the review of an appeal (Attachment 1) <br />of a determination made bythe Planning Directoron October 13, 2017. <br />Review of this item began at the Board’s May 7, 2018 meeting where subpoenas were issued to <br />Wild Flora Farm LLCfor information submitted to the NC Department of Revenue as part ofan <br />application for a qualifying farmer exemption certificate. The subpoenas were served on Wild <br />Flora Farm, and other identifiedparties, by staff on May 25, 2018 via certified mail. <br />At its July 9, 2018 regular meetingthe Board received a responseto (Attachment 2), along with <br />amotion to quash and modify (Attachment 3),the subpoenas.The Board adjournedthe public <br />hearing until August 13, 2018.Minutes from the May 7 and July 9, 2018 meetings are contained <br />in Attachment 5. <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 foragritourism events. <br />A copy of the relevant sections of the Law is contained within Attachment 4. <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 />3