Orange County NC Website
Browse       Search
APPROVED JULY9, 2018 <br /> 244 board can look at the statute and reverse Michael Harvey's decision, This board does not need to look at <br /> 245 the legal relationship between Kara Brewer and her husband. That's invasive, burdensome and oppressive, <br /> 246 That's why this subpoena request should be denied. There is a list of entities in the subpoena request that <br /> 247 have not even been involved. KB Designs, for example, hasn't been brought up at any point in these <br /> 248 proceedings. So, in closing, this board's authority is to review the decisions that the planning staff make <br /> 249 with respect to enforcing the UDO and specific statutory guidance that informs that. To start looking at what <br /> 250 the Department of Revenue is doing and whether they made the right decision is completely outside the <br /> 251 scope of this board's authority and would be an abuse of discretion. He asked that they uphold the denial of <br /> 252 the request. <br /> 253 <br /> 254 Leann Brown asked for a rebuttal. Karen Barrows said the board did not plan to entertain rebuttals. <br /> 255 <br /> 256 Andy Petesch objected to rebuttals, noting each party had 10 minutes, which LeAnn Brown had used. <br /> 257 <br /> 258 LeAnn Brown said she wanted to note that Andy Petesch had misspoken and the date on the document he <br /> 259 submitted to the board was February fig, 2018. <br /> 260 <br /> 261 Karen Barrows asked if board members have questions. <br /> 262 <br /> 263 Randy Herman asked Andy Petesch whether he agrees with LeAnn Brown that this board had found that <br /> 264 the challengers have standing. Andy Petesch said he objects to any finding of standing in this case as he <br /> 265 has objected to it at previous hearings. <br /> 266 <br /> 267 Randy Herman said specifically N.C.G.S. 153(A)-340 (b) (2a), the agritourism provision, it states under <br /> 268 Subsection 1, that the building is a bona fide farm purpose if it is located on property owned by a person <br /> 269 who holds a qualified farmer sales tax exemption certificate. The certificate was issued to Kara Brewer and <br /> 270 the property owner was Southeast Property Group, now Wild Flora Farm LLC. Those are not all the same <br /> 271 person, <br /> 272 <br /> 273 Andy Petesch answered the certificate is issued to Wild Flora Farm. The card itself is issued to Wild Flora <br /> 274 Farm. The addressee is Kara Brewer on the letter to which the card is attached. <br /> 275 <br /> 276 Randy Herman said the card does not have the LLC after Wild Flora Farm. How is the Board of Adjustment <br /> 277 to know that is the same entity or person? <br /> 278 <br /> 279 Andy Petesch answered that would be a matter that this board would have to decide at a hearing on that <br /> 280 issue. <br /> 281 <br /> 282 Randy Herman asked LeAnn Brown whether this board had a specific finding that her clients have <br /> 283 standing, as they would be required to have standing to request the subpoenas. <br /> 284 <br /> 285 LeAnn Brown said there was detailed testimony in one of the earlier hearings from each of her six clients. <br /> 286 And the board made the finding of fact that the individuals have standing. She said Andy Petesch made an <br /> 287 appeal to Superior Court on that finding. She can certainly spend a couple of hours putting these people on <br /> 288 the stand to establish these people having standing. There have been at least four appeals involving this <br /> 289 case. She asked that the board make judicial notice that her clients have standing and note Andy Petesch's <br /> 290 objection and move forward to keep this hearing brief. <br /> 291 <br /> 6 <br />