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Record of Proceedings

Greenville Board of Adjustment Meeting – February 23, 2017

Board of Adjustment — Thursday, February 23, 2017
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, February 23, 2017
StatusFILED
Video Record
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Transcript — Verbatim
0:53

Good evening.

0:54

Welcome to the February the 23rd meeting of the Greenville Board of Adjustment.

0:59

Madam Secretary, could you please call the roll?

1:02

Kevin Faison.

1:03

Present.

1:04

Clay Frank?

1:05

Here.

1:05

Justin Millarke.

1:07

Thomas Taft Jr.

1:09

Bill Johnson?

1:10

Here.

1:10

Jim Watts.

1:11

Rich Winkler.

1:13

Michael Glenn?

1:14

Here.

1:14

Rodney Bullock?

1:15

Here.

1:16

James Moritz?

1:17

Here.

1:17

Brad Gooth.

1:20

Mr.

1:20

Phillips, our city attorney wishes to make some remarks.

1:24

Yes.

1:25

Pursuant to the Board of Adjustments rules and procedures in the absence of the chairman, the Vice Chairman shall serve as acting chairman and will have the same powers and duties as the chairman.

1:35

Accordingly, the acting chairman for tonight's meeting will be Mr.

1:38

Bill Johnson.

1:40

Mr.

1:40

Chairman, the voting members for tonight's meeting are Mr.

1:42

Frank, Mr.

1:43

Johnson, Mr.

1:44

Moretz, Mr.

1:44

Faison, Mr.

1:45

Clint, and Mr.

1:46

Bullet.

1:46

Thank you.

1:47

All right.

1:49

Is there a motion to approve the minutes of the last meeting?

1:53

So move.

1:54

Second.

1:55

Thanks, second.

1:56

All in favor?

1:57

I opposed.

2:00

Okay.

2:02

First item on the agenda is a public hearing on a request for special use permit by Chris Walkers.

2:08

I get that right.

2:08

The applicant Chris Walker's desires to renew his special use permit or operate a home occupation bed and breakfast in.

2:15

Personal to appendix A, use 3D of the Greenville City Code.

2:20

The proposed use is located at 1105 East Fifth Street.

2:23

The property is further identified as being tax parcel number 20507.

2:33

And I'll wish you to speak in favor of this request or opposed to it.

2:38

Please step forward and be sworn in.

3:25

If I may uh prior to the public hearings tonight, um, I did want to reiterate to the board uh the following as stated on page two and three of the meeting handout available uh to the public.

3:37

The evidence to be considered by the board of adjustment is as follows.

3:41

The Board of Adjustment is a quasi quasi judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition.

3:52

The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed by a court are relaxed for cases heard before this body.

4:00

Though the rules of evidence are relaxed, it does not mean that they are ignored.

4:04

Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision decision-making process.

4:13

The board may not consider, nor is it is it admissible to present or offer affidavits, letters, or other writings in support of or of or in opposition to a matter before the board unless the person who prepared the writing is here to testify.

4:28

These writings are considered hearsay.

4:31

Statements by a person, such as, in my opinion, the application will create a traffic hazard is not admissible.

Discussion Breakdown — Share of Meeting
Procedural████████████████████████████28%
Public Works████████████████████20%
Zoning And Land Use███████████████████19%
Conditional Use Zoning██████████10%
Public Safety█████████9%
Signage Regulation████████8%
Public Health████4%
Religious Organizations██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting – February 23, 2017

The Greenville Board of Adjustment met on February 23, 2017, at 11:15 AM (with the evening session starting at approximately 6:00 PM) to consider four agenda items including a special use permit renewal for a bed and breakfast, an amendment to a flea market special use permit, a new home occupation permit for a food truck commissary, and the annual review of private clubs and dining establishments. The meeting was chaired by Vice Chairman Bill Johnson due to the chairman's absence. Votes were taken on three items; one item was continued to the next regular meeting.

Consent Calendar

  • Approval of Minutes: The minutes of the last meeting were approved with one opposed (Board member Frank opposed, though the minutes motion carried).

Public Comments & Testimony

  • Bed and Breakfast Renewal (1105 East Fifth Street): Jackie James, a neighboring business owner, spoke in favor, stating the applicant was an excellent neighbor (only complaint was the smell of bacon cooking). No opposition was heard.
  • Flea Market Amendment (1114 North Green Street): The applicant, Debbie James, and her husband Jackie James spoke in favor of removing the fencing condition. They argued that the fence would be costly ($10,000–$12,000), hinder elderly and handicapped vendors, and that wheel stops could serve as an alternative barrier. Two neighbors spoke in favor, noting the positive community impact. No opposition was heard from the public.
  • Home Occupation Food Truck Commissary (520 Greenfield Boulevard): Two neighbors (Mr. Gibbs and Mr. Harkinson) spoke in favor, describing the applicants as excellent neighbors and supporting the request. No opposition was heard.

Discussion Items

  • Bed and Breakfast Renewal (Chris Walkers): Staff reported the property had been operating since 2010, with renewals every three years. The property met all criteria. The board discussed no details and voted unanimously to approve.
  • Flea Market Amendment (Debbie and Jackie James): The applicants sought to eliminate the condition requiring a perimeter fence around outdoor vendor stalls (originally approved in December 2016 with fencing). Staff recommended denial, citing health and safety concerns (visibility, pedestrian safety) and the need for a barrier. The applicants proposed wheel stops as a cheaper alternative. The board discussed temporary fencing options and a potential 60-day timeline for a permanent solution. Ultimately, the board voted to continue the matter to the March meeting to allow time for the applicant and staff to explore alternatives.
  • Home Occupation for Food Truck Commissary (Rosalind Williams): The applicant requested a special use permit to use a portion of her home as a prep kitchen for a food truck. The health department inspects the truck but not the home. Staff had no objection. The board voted unanimously to approve.
  • Annual Review of Private Clubs and Dining Establishments: Captain Lewis presented the 2016 review. No significant issues were found with any of the 11 private clubs or 7 dining/entertainment establishments holding special use permits. No board action was required.

Key Outcomes

  • Approval of Bed and Breakfast Renewal: Motion to approve carried unanimously (all in favor, none opposed). The permit was renewed for another three years.
  • Continuance of Flea Market Amendment: Motion to continue to the March regular meeting carried (all in favor, none opposed). The existing stay remains in effect, allowing the flea market to operate as currently until the next hearing.
  • Approval of Home Occupation for Food Truck Commissary: Motion to approve carried unanimously (all in favor, none opposed).
  • Withdrawal of Item Four: A request by Easter Sales UCP was formally withdrawn and approved by the board.
  • No Action on Annual Review: The board received the report with no further discussion or vote required.

Key decisions: The board maintained the fencing condition for the flea market but granted a continuance for further discussion; approved two other applications without opposition.

Meeting Transcript

Good evening. Welcome to the February the 23rd meeting of the Greenville Board of Adjustment. Madam Secretary, could you please call the roll? Kevin Faison. Present. Clay Frank? Here. Justin Millarke. Thomas Taft Jr. Bill Johnson? Here. Jim Watts. Rich Winkler. Michael Glenn? Here. Rodney Bullock? Here. James Moritz? Here. Brad Gooth. Mr. Phillips, our city attorney wishes to make some remarks. Yes. Pursuant to the Board of Adjustments rules and procedures in the absence of the chairman, the Vice Chairman shall serve as acting chairman and will have the same powers and duties as the chairman. Accordingly, the acting chairman for tonight's meeting will be Mr. Bill Johnson. Mr. Chairman, the voting members for tonight's meeting are Mr. Frank, Mr. Johnson, Mr. Moretz, Mr. Faison, Mr. Clint, and Mr. Bullet. Thank you. All right. Is there a motion to approve the minutes of the last meeting? So move. Second. Thanks, second. All in favor? I opposed. Okay. First item on the agenda is a public hearing on a request for special use permit by Chris Walkers. I get that right. The applicant Chris Walker's desires to renew his special use permit or operate a home occupation bed and breakfast in. Personal to appendix A, use 3D of the Greenville City Code. The proposed use is located at 1105 East Fifth Street. The property is further identified as being tax parcel number 20507. And I'll wish you to speak in favor of this request or opposed to it.

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