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Approved 8/9/2021 <br /> 1 Michael Harvey: Offered to answer and asked if she was asking if there has been an appeal to the Orange County <br /> 2 Board of Adjustment in the 17 years he has been here questioning what constitutes a structure? <br /> 3 <br /> 4 Beth Bronson: Stated yes, what would constitute a structure in terms of interpreting the UDO? <br /> 5 <br /> 6 Michael Harvey: Answered no, there has not been an appeal in the 17 years he has been here nor has there been an <br /> 7 appeal that he was aware of challenging what constitutes a structure, which includes this case. <br /> 8 <br /> 9 Leon Meyers: Asked if there were any more questions for Michael. <br /> 10 <br /> 11 Nathan Robinson: Asked if he made the determination on whether or not it was an active farm? <br /> 12 <br /> 13 Michael Harvey: Answered no, he made a determination that it meets the provisions the North Carolina General Statute <br /> 14 providing prima facia evidence proving it is a farm. He stated he still has questions whether he considers it an active <br /> 15 farm as outlined in the January letter. <br /> 16 <br /> 17 Leon Meyers: Asked if there were any more questions for Michael. <br /> 18 <br /> 19 Andrew Petesch: Asked Mr. Harvey that he referenced that he had not made a determination whether a road is a <br /> 20 structure to follow up on that, he proceeded to ask if he had ever made a determination with respect to the applicable or <br /> 21 buffer to active farm or agriculture. <br /> 22 <br /> 23 Michael Harvey: Stated he had not in his 17 years and also had not had a case on what constitutes active farm land or <br /> 24 to interpret the provision section of the code. <br /> 25 <br /> 26 Leon Meyers: Asked if there were any more questions. <br /> 27 <br /> 28 Robert Hornik: Stated he had 2 questions. What is the zoning district classification of the Arter property? And what is <br /> 29 the zoning district classification of the Burt/Bakst property? <br /> 30 <br /> 31 Michael Harvey: Stated that they are zoned both rural residential which is an R-1 general use zoning district within the <br /> 32 UDO. <br /> 33 <br /> 34 Robert Hornik: Reiterated that both properties were zoned R-1. <br /> 35 <br /> 36 Michael Harvey: Agreed. <br /> 37 <br /> 38 Robert Hornik: Stated that his second question. In determining whether a road is a structure, did you look at the <br /> 39 definitions in the Orange County UDO? <br /> 40 <br /> 41 Michael Harvey: Stated yes he relied on the framework of the UDO. <br /> 42 <br /> 43 Robert Hornik: Asked if the definition of structure in the UDO include roads or streets. <br /> 44 <br /> 45 Michael Harvey: Stated no <br /> 46 <br /> 47 Leon Meyers: Asked Mr. Petesch to appeal on the merits. <br /> 48 <br /> 49 Andrew Petesch: Referenced comments made about the road as a structure. There is no final determination on <br /> 50 whether the road is a structure. The appeal is about the interpretation of the ordinance with respect to the conflict <br /> 11 <br />