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Record of Proceedings

Greenville Board of Adjustment Meeting - July 27, 2017: Special Use Permit Public Hearing for Parking Lot

Board of Adjustment — Thursday, July 27, 2017
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, July 27, 2017
StatusFILED
Video Record
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Transcript — Verbatim
0:58

This time we'll call the roll.

1:00

Madam Secretary, please.

1:02

Bill Johnson.

1:04

Here.

1:04

Kevin Faison?

1:06

Here.

1:07

Thomas Taft Jr.

1:09

Richard Winkler.

1:11

Here.

1:12

Michael Glenn.

1:13

Here.

1:14

Rightney Bullock.

1:16

Ann Ballis.

1:19

James Moretz.

1:20

Here.

1:23

Good.

1:29

Mr.

1:29

Chairman, all members present tonight or voting members for tonight's meeting.

1:33

Okay.

1:34

Do I hear a motion to approve the minutes of the last meeting?

1:37

So move.

1:39

Second.

1:39

All in favor?

1:40

No.

1:41

Aye.

1:42

All opposed.

1:43

No meeting.

1:43

No minutes.

1:44

There are no minutes.

1:45

There were no minutes.

1:46

No.

1:48

Okay.

1:49

Unapproved minutes.

1:50

Unapproved rules.

1:52

Previous meeting.

1:53

Serious meeting.

1:54

The last meeting.

1:57

All right.

1:57

I'm sorry about that.

1:58

The previous previous rule.

1:59

Previous previous.

2:02

They will be provided at a later time.

2:05

Okay.

2:05

Yes.

2:09

Mr.

2:11

Meeting tonight with the one order of business, new business.

2:14

We have a public hearing on a request for a special use permit by Jeffrey Daniels, Andrea Daniels, Timothy McCarthy, and Natalie McCarthy.

2:24

The applicants, Jeffrey Daniels, Andrea Daniels, Timothy McCarthy, and Natalie McCarthy desire a special use permit for a parking lot person to appendix A, use 13H of the Greenville City Code.

2:37

The proposed use is located at 1104 East 10th Street.

2:42

Property is further identified as being tax parcel number 06797.

2:53

We'll need it, yeah.

2:55

And Mr.

2:56

Chair, while the witnesses are being sworn, um, as stated on page two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows.

3:06

The Board of Adjustment is a 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.

3:16

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

3:24

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

3:28

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

3:36

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

3:49

These writings are considered hearsay.

3:52

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

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████72%
Procedural███████████17%
Flooding████6%
Traffic Management███5%
Summary of Proceedings

Greenville Board of Adjustment Meeting - July 27, 2017

The Greenville Board of Adjustment held a public hearing on July 27, 2017 at 11:15 AM to consider a special use permit application by Jeffrey Daniels, Andrea Daniels, Timothy McCarthy, and Natalie McCarthy for a private parking lot at 1104 East 10th Street (tax parcel 06797). The board heard staff testimony and applicant presentations, then unanimously approved the request with conditions.

Discussion Items

  • Staff Report (Ms. Blunt): The property is approximately 28,000 sq ft, zoned OR (Office Residential), located in a floodplain with a floodway and base flood elevation areas. The Horizon Plan recommends high density residential with private off-street parking. Staff recommended three conditions: (1) No parking spaces in the floodway, (2) Compliance with North Carolina accessibility codes, (3) Reconstruction of any damaged sidewalks. These conditions mirror those imposed on an adjacent existing parking lot.
  • Applicant Presentation (Mike Baldwin, representing owners): Baldwin explained that the owners purchased the property with a house, demolished it under a demolition permit, but began constructing a parking lot without realizing a special use permit and environmental regulations were required. He stated the parking lot would serve high demand near East Carolina University, include cross-access with the adjacent lot to minimize curb cuts, provide ADA-compliant spaces, and connect to the existing sidewalk. He confirmed that gravel had been placed but work was halted upon staff notification, and that debris (bricks, foundation) in the floodway would be removed. Erosion control plans were approved, and a pre-construction meeting with city engineering was scheduled.
  • Board Questions: Members asked about the extent of the gravel area (approximately 10 feet beyond current gravel), the building foundation removed into the floodway, and annual vs. tailgate parking use (Baldwin indicated annual leases). A question also clarified that the OR zoning requires a special use permit for parking lots, while other zoning districts permit it differently.
  • No public comments or testimony in favor or opposition were presented.

Key Outcomes

The board closed the public hearing and, finding no objection and adopting the findings of fact (with conditions read by reference), voted unanimously to approve the special use permit for the parking lot subject to the three conditions recommended by staff:

  1. Parking spaces shall not be permitted in the floodway.
  2. The parking lot shall meet North Carolina accessibility codes.
  3. The applicants shall reconstruct sidewalks if existing sidewalks are damaged or removed during construction.

The motion carried without dissent, and the meeting was adjourned.

Meeting Transcript

This time we'll call the roll. Madam Secretary, please. Bill Johnson. Here. Kevin Faison? Here. Thomas Taft Jr. Richard Winkler. Here. Michael Glenn. Here. Rightney Bullock. Ann Ballis. James Moretz. Here. Good. Mr. Chairman, all members present tonight or voting members for tonight's meeting. Okay. Do I hear a motion to approve the minutes of the last meeting? So move. Second. All in favor? No. Aye. All opposed. No meeting. No minutes. There are no minutes. There were no minutes. No. Okay. Unapproved minutes. Unapproved rules. Previous meeting. Serious meeting. The last meeting. All right. I'm sorry about that. The previous previous rule. Previous previous. They will be provided at a later time. Okay. Yes. Mr. Meeting tonight with the one order of business, new business. We have a public hearing on a request for a special use permit by Jeffrey Daniels, Andrea Daniels, Timothy McCarthy, and Natalie McCarthy. The applicants, Jeffrey Daniels, Andrea Daniels, Timothy McCarthy, and Natalie McCarthy desire a special use permit for a parking lot person to appendix A, use 13H of the Greenville City Code. The proposed use is located at 1104 East 10th Street. Property is further identified as being tax parcel number 06797.

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