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Record of Proceedings

Greenville Board of Adjustment Meeting - July 26, 2018

Board of Adjustment — Thursday, July 26, 2018
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, July 26, 2018
StatusFILED
Video Record
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Transcript — Verbatim
1:00

At this time we'll call the roll to order.

1:02

Madam Secretary.

1:04

Bill Johnson.

1:06

Here.

1:06

Rodney Bullock.

1:07

Here.

1:08

Michael Glenn.

1:09

Here.

1:10

Rich Winkler.

1:12

Ann Bellis.

1:14

Here.

1:15

Hunt McKinnon.

1:17

Sharon Evans.

1:18

Here.

1:19

Christopher Lilly.

1:22

Nathan Cowen.

1:23

Here.

1:24

James Moratz.

1:26

Here.

1:27

Mr.

1:27

Chairman.

1:28

All members present tonight are voting members for tonight's meeting.

1:31

Okay.

1:32

Uh, speaking of members, we have some new members.

1:34

Is this the proper time?

1:36

Okay, we have some new members with us.

1:38

Welcome to the Board of Adjustment.

1:40

And you need to be sworn in.

1:42

So Madam Notary.

1:49

No, they don't do that.

1:50

They don't have to.

1:53

Okay.

1:54

Well, even better.

1:55

We'll move forward.

1:57

Then I hear a motion to approve the minutes of the last meeting.

2:00

So move.

2:01

Okay.

2:01

Is there a second?

2:02

Second.

2:02

All right.

2:03

Mr.

2:03

Brooke.

2:04

All in favor.

2:07

All opposed.

2:08

Minutes are approved.

2:10

All right.

2:11

Um Mr.

2:12

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

2:16

Yes, sir.

2:16

As stated on pages two and three of the meeting handout available to the public.

2:20

Public.

2:21

The evidence to be considered by the Board of Adjustment is as follows.

2:25

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.

2:36

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

2:44

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

2:48

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

2:56

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 testifying.

3:09

These writings are considered hearsay.

3:11

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

3:21

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, is making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████58%
Public Comment███████████████████25%
Procedural█████████████17%
Summary of Proceedings

Greenville Board of Adjustment Meeting - July 26, 2018

The Greenville Board of Adjustment held a public hearing on July 26, 2018, to consider two special use permit requests. Both applications were approved with staff-recommended conditions.

Discussion Items

Special Use Permit – Michelle Brown (Tutoring Service)

  • Applicant Michelle Brown requested a special use permit to operate a tutoring service and retail bookstore at 650 East Fire Tower Road, Suite B and C (tax parcel 42403). The property is zoned CG (General Commercial) and sits in a 34,510 sq ft multi-tenant building.
  • Staff reported the tutoring service is a personal service not otherwise listed in the table of uses, requiring a special use permit; the retail component is permitted outright.
  • Conditions recommended by staff: (1) the use may not evolve into a child care facility without amending the permit; (2) children receiving tutoring shall be supervised at all times. Additional staff comments required compliance with fire and building codes and submission of plans to the inspections department.
  • Brown stated the tutoring would serve kindergarten through 12th grade students with a maximum of 10 students at a time, a 1:4 student-to-instructor ratio, and scheduled appointments. Parents could drop off and pick up.
  • John Day, a commercial leasing agent for the shopping center’s owner, expressed support, stating the tutoring facility would be an asset to the center and neighborhood and that parking and access were adequate.
  • No opposition was voiced.
  • The board approved the petition with the conditions.

Special Use Permit – Patricia Cox (Church)

  • Applicant Patricia Cox requested a special use permit to operate a church (Greater New Birth Deliverance Ministry) at 604 Albemarle Avenue (tax parcel 01396), in the IU (Unoffensive Industry) zoning district.
  • Staff noted the property is in the West Greenville certified redevelopment area and that a previous special use permit had been issued in 2006 but lapsed because the person notified did not convey the renewal information due to a disability. The new application required a permit before obtaining a sign permit.
  • Staff recommended a three-year term for the church use, consistent with IU district regulations, along with conditions including a parking plan and a change-of-use permit.
  • Cox stated the church would occupy the first floor only and that the second floor was not currently accessible. She expressed the church’s goal to enhance the community.
  • No opposition was voiced.
  • The board approved the petition with the conditions.

Key Outcomes

  • Michelle Brown’s special use permit was approved unanimously with conditions prohibiting transition to child care and requiring constant supervision of students.
  • Patricia Cox’s special use permit for a church was approved unanimously with conditions, including a three-year review period and compliance with parking and building code requirements.

Meeting Transcript

At this time we'll call the roll to order. Madam Secretary. Bill Johnson. Here. Rodney Bullock. Here. Michael Glenn. Here. Rich Winkler. Ann Bellis. Here. Hunt McKinnon. Sharon Evans. Here. Christopher Lilly. Nathan Cowen. Here. James Moratz. Here. Mr. Chairman. All members present tonight are voting members for tonight's meeting. Okay. Uh, speaking of members, we have some new members. Is this the proper time? Okay, we have some new members with us. Welcome to the Board of Adjustment. And you need to be sworn in. So Madam Notary. No, they don't do that. They don't have to. Okay. Well, even better. We'll move forward. Then I hear a motion to approve the minutes of the last meeting. So move. Okay. Is there a second? Second. All right. Mr. Brooke. All in favor. All opposed. Minutes are approved. All right. Um Mr. Phillips, would you please remind the public of the general procedure and voting requirement? Yes, sir. As stated on pages two and three of the meeting handout available to the public.

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