OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Greenville Board of Adjustment Meeting: June 28, 2018

Board of Adjustment — Thursday, June 28, 2018
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, June 28, 2018
StatusFILED
Video Record
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Transcript — Verbatim
0:52

Good evening and welcome to the June 28th meeting of the Greenwood Board of Adjustment.

0:57

This time I'll call the meeting to order.

0:59

Madam Secretary, would you please call the roll?

1:02

Bill Johnson.

1:03

Here.

1:04

Rodney Bullock.

1:05

Here.

1:06

Michael Glenn.

1:07

Here.

1:07

Rich Winkler.

1:09

Here.

1:09

Ann Ballis.

1:10

Here.

1:10

Hunt McKinnon.

1:12

Here.

1:12

Christopher Lilly.

1:14

Here.

1:14

James Moratz.

1:15

Here.

1:16

Okay, thank you.

1:17

Mr.

1:18

Chairman.

1:18

Mr.

1:18

Phillips.

1:19

Yes, sir.

1:20

Mr.

1:20

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

1:23

Johnson, Mr.

1:24

Glenn, Mr.

1:24

Bullock, Ms.

1:25

Mrs.

1:25

Bellis, Mr.

1:26

McKinnon, Mr.

1:27

Moretz, and Mr.

1:28

Winkler.

1:29

Mr.

1:29

Lilly is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions.

1:35

All right, thanks, sir.

1:37

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

1:40

So moved.

1:41

Second.

1:41

Second.

1:42

All in favor?

1:44

Okay.

1:45

Minister approved.

1:47

Now, Mr.

1:48

Phillips, would you remind the public of the general procedure and voting requirement, please?

1:54

As stated on pages two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows.

2:01

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.

2:12

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

2:20

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

2:24

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

2:32

The board may not consider, nor is it 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 also testifying.

2:46

These writings are considered hearsay.

2:49

Statements by a person such as, in my opinion, the application will create a traffic hazard is not an admissible opinion and may not be considered by the board.

2:58

However, such an opinion may be admissible if it is made by an expert or a person who is qualified to give opinions concerning traffic hazards.

3:06

It's making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report.

3:13

A layperson can give an opinion, but he or she must also prevent present facts to show how the proposal affects his or her piece of property specifically and not just in a general way.

3:25

A statement that another person who is not present and not testifying either supports or doesn't support the petition or application is hearsay and is not admissible.

3:35

The same rule applies to both the applicant and those in opposition.

Discussion Breakdown — Share of Meeting
Conditional Use Zoning███████████████████████████████████████████43%
Public Hearing██████████████████████████████30%
Procedural███████████████████████████27%
Summary of Proceedings

Greenville Board of Adjustment Meeting - June 28, 2018

The Greenville Board of Adjustment held a public hearing on a special use permit for a game center and convention center at 2713 East 10th Street, followed by the election of officers for the upcoming fiscal year.

Public Hearing: Special Use Permit for Blue Ox Games

The applicant, Harry O. Frank, requested a special use permit to operate a game center (face-to-face board and card games) and a convention center (for tournaments and private events) at an existing 4,906 sq ft commercial building. Staff recommended conditions including no conversion to a private club or internet sweepstakes, meeting fire safety and parking requirements, and no loitering. The applicant explained his business model and noted he had operated under a retail general permit for three years without realizing a special use permit was required. Surrounding property owners were notified on June 14, 2018, and public notice was published in the Daily Reflector on June 18 and 25.

Public Comments & Testimony

  • Jim Ensur, Director of the Small Business Center at Pitt Community College, spoke in favor. He vouched for the applicant's character, highlighted the STEM educational value of the games, and noted the business's positive community impact (partnership with PCC for summer camps, no tax or legal issues). He expressed strong support for approval.
  • Lee Ball, a broker representing the property owner, testified about parking lot maintenance issues with the neighboring BPL Plasma center and stated efforts to gain more control over the lot. He supported the permit.

Board Discussion

Board members asked about operating hours (Mon–Fri 1–10 p.m., Wed 11 a.m.–10 p.m., Sat 11 a.m.–10 p.m., closed Sunday), parking, and litter from neighboring businesses. The applicant confirmed he does not serve alcohol and addressed parking lot maintenance concerns. Staff had no objections subject to conditions.

Key Outcomes

  • Motion to accept findings of fact with conditions passed unanimously.
  • Motion to approve the special use permit with conditions passed unanimously. The applicant received his permit.

Election of Officers

  • Bill Johnson was elected Chairman for the 2018–2019 fiscal year.
  • Rich Winkler was elected Vice Chairman.

The meeting was adjourned.

Meeting Transcript

Good evening and welcome to the June 28th meeting of the Greenwood Board of Adjustment. This time I'll call the meeting to order. Madam Secretary, would you please call the roll? Bill Johnson. Here. Rodney Bullock. Here. Michael Glenn. Here. Rich Winkler. Here. Ann Ballis. Here. Hunt McKinnon. Here. Christopher Lilly. Here. James Moratz. Here. Okay, thank you. Mr. Chairman. Mr. Phillips. Yes, sir. Mr. Chairman, the voting members for tonight's meeting are Mr. Johnson, Mr. Glenn, Mr. Bullock, Ms. Mrs. Bellis, Mr. McKinnon, Mr. Moretz, and Mr. Winkler. Mr. Lilly is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions. All right, thanks, sir. Do I hear a motion to approve the minutes of the last meeting? So moved. Second. Second. All in favor? Okay. Minister approved. Now, Mr. Phillips, would you remind the public of the general procedure and voting requirement, please? As stated on pages two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows. 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. The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed in a court are relaxed for cases heard before this body.

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