Orange County NC Website
Browse       Search
1 Barry Katz checked that this barn qualifies for agritourism because it is situated on property that qualifies for an <br /> 2 agricultural tax exemption. He asked James Bryan if that is part of the argument. <br /> 3 <br /> 4 James Bryan said it was imperfectly cited, so he couldn't say. <br /> 5 <br /> 6 Randy Herman added that there is a definition of agritourism later in that section. <br /> 7 <br /> 8 Barry Katz said he has read the definition. <br /> 9 <br /> 10 James Bryan said the second element is who owns the property. He shared a slide that lists current evidence in the <br /> 11 agenda packet including: <br /> 12 1. Building Permit (PIN) on Page 19 <br /> 13 2. Orange County Land Records showing owner as SPG, LLC, on Page 42. <br /> 14 3. Deed recorded at Orange County Register of Deeds showing SPG, LLC, on Page 45. <br /> 15 4. Articles of Merger filed with NC Secretary of State showing Wild Flora Farm, LLC, as surviving entity after being <br /> 16 merged with SPG, LLC, on Page 83. <br /> 17 5. Certification of Merger filed with Orange County Register of Deeds showing merger of SPG, LLC, into Wild <br /> 18 Flora Farm, LLC, on Page 85. <br /> 19 <br /> 20 James Bryan noted Michael Harvey did not have the merger information when he made his determination in October <br /> 21 2017. <br /> 22 <br /> 23 Barry Katz asked how an entity would fail to maintain requirements. <br /> 24 <br /> 25 James Bryan said he would presume if you no longer hold a certificate from the North Carolina Department of Revenue, <br /> 26 no longer own the property, or no longer are engaged in agritourism. <br /> 27 <br /> 28 Barry Katz asked in agritourism or agriculture? <br /> 29 <br /> 30 James Bryan answered agritourism because that is explicitly what the statute requires. <br /> 31 <br /> 32 James Bryan reviewed some sample motions for the board's decision, which were shown on a slide. <br /> 33 <br /> 34 Barry Katz asked if the board would be hearing about continuity of ownership. <br /> 35 <br /> 36 James Bryan answered that the parties can respond to that. <br /> 37 <br /> 38 Current Planning Supervisor Michael Harvey reviewed that the abstract package begins on Page 3. A public hearing <br /> 39 began at the May 7, 2018, regular meeting, where the board chose to issue subpoenas, at the request of the applicant, <br /> 40 to Wild Flora Farm, LLC, and other parties for information submitted to the North Carolina Department of Revenue as <br /> 41 part of an application for a qualifying farm exemption certificate. At the board's July 9, 2018, meeting, those responses <br /> 42 were provided to the board along with other motions by the attorney for Kara Brewer, the owner of Wild Flora Farm, <br /> 43 LLC. As James Bryan has alluded and as covered in the abstract, what precipitated this appeal was on July 12, 2017, <br /> 44 Session Law 2017-108 became effective. The excerpt of this session law is contained in Attachment 4 of the abstract <br /> 45 package and begins on Page 92. It establishes criteria for the use of structures on a bona fide farm for agritourism <br /> 46 events. Staff received a request from the attorney for Kara Brewer, Andy Petesch, on October 12, 2017, asking for the <br /> 47 determination classifying the use of the barn building and structure at Wild Flora Farm for agritourism events as a bona <br /> 48 fide farm and therefore exempting for it from county zoning regulations. Michael Harvey said Andy Petesch based this <br /> 49 request on the relevant session law. In reviewing the request provided by Andy Petesch, staff made the determination <br /> 50 that the structure qualified for bona fide farm purpose as recently amended under the North Carolina General Statutes <br /> 6 <br />