BOA agenda 011419 - cancelled - Laserfiche WebLink

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Draft August 13, 2018 James Bryan answered that you have to meet the letter of the law.1 2 Barry Katz checked that this barn qualifies for agritourism because it is situated on property that qualifies for an 3 agricultural tax exemption. He asked James Bryan if that is part of the argument.4 5 James Bryan said it was imperfectly cited, so he couldn’t say. 6 7 Randy Herman added that there is a definition of agritourism later in that section. 8 9 Barry Katz said he has read the definition.10 11 James Bryan said the second element is who owns the property. He shared a slide that lists current evidence in the 12 agenda packet including:13 1. Building Permit (PIN) on Page 1914 2. Orange County Land Records showing owner as SPG, LLC, on Page 42.15 3. Deed recorded at Orange County Register of Deeds showing SPG, LLC, on Page 45.16 4. Articles of Merger filed with NC Secretary of State showing Wild Flora Farm, LLC, as surviving entity after being 17 merged with SPG, LLC, on Page 83.18 5. Certification of Merger filed with Orange County Register of Deeds showing merger of SPG, LLC, into Wild 19 Flora Farm, LLC, on Page 85. 20 21 James Bryan noted Michael Harvey did not have the merger information when he made his determination in October 22 2017.23 24 Barry Katz asked how an entity would fail to maintain requirements.25 26 James Bryan said he would presume if you no longer hold a certificate from the North Carolina Department of Revenue, 27 no longer own the property, or no longer are engaged in agritourism.28 29 Barry Katz asked in agritourism or agriculture? 30 31 James Bryan answered agritourism because that is explicitly what the statute requires. 32 33 James Bryan reviewed some sample motions for the board’s decision, which were shown on a slide. 34 35 Barry Katz asked if the board would be hearing about continuity of ownership.36 37 James Bryan answered that the parties can respond to that. 38 39 Current Planning Supervisor Michael Harvey reviewed that the abstract package begins on Page 3. A public hearing 40 began at the May 7, 2018, regular meeting, where the board chose to issue subpoenas, at the request of the applicant, 41 to Wild Flora Farm, LLC, and other parties for information submitted to the North Carolina Department of Revenue as 42 part of an application for a qualifying farm exemption certificate. At the board’s July 9, 2018, meeting, those responses 43 were provided to the board along with other motions by the attorney for Kara Brewer, the owner of Wild Flora Farm, 44 LLC. As James Bryan has alluded and as covered in the abstract, what precipitated this appeal was on July 12, 2017, 45 Session Law 2017-108 became effective. The excerpt of this session law is contained in Attachment 4 of the abstract 46 package and begins on Page 92. It establishes criteria for the use of structures on a bona fide farm for agritourism 47 events. Staff received a request from the attorney for Kara Brewer, Andy Petesch, on October 12, 2017, asking for the 48 determination classifying the use of the barn building and structure at Wild Flora Farm for agritourism events as a bona 49 fide farm and therefore exempting for it from county zoning regulations. Michael Harvey said Andy Petesch based this 50 6