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Record of Proceedings

Greenville Board of Adjustment Meeting – September 27, 2018

Board of Adjustment — Thursday, September 27, 2018
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, September 27, 2018
StatusFILED
Video Record
0:00 / 38:46

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:50

Good evening and welcome to the September 27th, 2018 meeting of the Greenville Board of Adjustment.

0:56

Uh Madam Secretary, would you please call the roll?

0:59

Yes, sir.

0:59

Rodney Bullock.

1:01

Here.

1:02

Michael Glenn.

1:03

Here.

1:04

Ann Bellis.

1:05

Here.

1:05

Hunt McKinnon.

1:07

Here.

1:07

Christopher Lilly.

1:08

Here.

1:09

Sharon Evans.

1:11

Nathan Cohen?

1:12

Here.

1:13

Dylan Godley.

1:14

Here.

1:14

Jane Morris.

1:15

Here.

1:18

Okay.

1:19

Mr.

1:20

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

1:22

Johnson, Mr.

1:23

Glenn, Mr.

1:24

Bullock, Mrs.

1:25

Bellis, Mr.

1:26

McKinnon, Mr.

1:27

Lilly, and Mr.

1:28

Moretz, Mr.

1:30

Cohen and Mr.

1:31

Godley are not voting members but are allowed to participate in the discussions and are allowed to ask questions.

1:43

Okay, first uh do I hear a motion to approve the minutes of the last meeting?

1:47

So moved.

1:48

They're second.

1:49

Second.

1:49

All right.

1:50

All in favor.

1:52

All opposed.

1:54

All right.

1:55

Minutes are accepted.

1:56

Mr.

1:56

Phillips, you've already spoken to us.

1:59

Um tell us and remind us of the general procedure and voting requirement.

2:04

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.

2:11

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.

2:22

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.

2:30

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

2:33

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

2:41

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.

2:55

These writings are considered hearsay.

2:57

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

3:07

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.

3:22

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

3:33

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.

3:43

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

3:54

No member of the Board of Adjustment shall participate in either the discussion or vote on any special use permit variance or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker.

4:09

Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind, an undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members.

4:24

Decisions on either a request for recusal by a member or objections by a person appearing before the board shall be decided by a simple majority vote.

4:34

No board member shall take part in the hearing consideration or determination of any matter in which the board member is involved or has a financial or personal interest.

Discussion Breakdown — Share of Meeting
Public Hearing█████████████████████████████████████████████47%
Procedural██████████████████19%
Alcohol Regulation████████████13%
Flooding████████████13%
Environmental Protection█████5%
Engineering And Infrastructure███3%
Summary of Proceedings

Greenville Board of Adjustment Meeting – September 27, 2018

The Greenville Board of Adjustment met on September 27, 2018, at 11:00 AM. The board considered two special use permit applications and elected a vice chair. The meeting began with roll call, approval of previous minutes, and a procedural overview.

Consent Calendar

  • Approved the minutes of the previous meeting by unanimous voice vote.

Discussion Items

1. Special Use Permit – Wine and Craft Beer Shop at 814 Dickinson Avenue

  • Applicant Andrew Moss, Kristen Moss, and Steve Moss sought a special use permit to operate a wine and craft beer store (use 10C) in a 3,055 square foot commercial building on a 0.17-acre lot zoned CD (Downtown Commercial). The property has 53 feet of frontage on Dickinson Avenue.
  • Staff reported no objections with two recommended conditions. The property is within the Uptown Edge character type and complies with the future land use plan.
  • The applicant stated the business would offer 50 taps (45 beers, 4 wines, and champagne) for growler sales, plus bottle sales. They mentioned potential outdoor seating (recessed front entrance) but no full meals, only light snacks.
  • No members of the public spoke in opposition. The board voted to approve the permit with staff’s conditions.

2. Special Use Permit – Major Repair Facility at 1214 Mumford Road

  • Applicant Jose J. Perez requested a permit to operate a major repair facility (use 9A) in a 3,200 square foot commercial building on a lot with 100 feet of frontage on Mumford Road, zoned CH (Heavy Commercial). The site is within a traditional neighborhood character type and is in general compliance with the future land use plan.
  • Staff recommended one condition: a parking plan must be submitted and approved prior to operation.
  • During discussion, board members raised concerns about the property’s location in a floodplain (100-year and 500-year floodplain, noting historic flooding from Hurricane Floyd). Board members asked about storage of tires and hazardous chemicals (oil, transmission fluid). Mr. Perez stated he would store tires in enclosed trailers and keep chemicals inside on high shelves or move them off-site if flooding was forecasted.
  • No public opposition was voiced. The board voted to add two additional conditions:
    1. That hazardous materials (tires, chemicals) be removed from the site upon the declaration of a state of emergency due to an impending natural disaster (related to the “nuisance or hazard” criterion).
    2. That this condition is required under City Code §9-4-82 to protect the health and safety of workers and residents and to protect the value and use of property in the general neighborhood.
  • After the conditions were approved, the board voted to approve the petition with the conditions as stated and amended.

3. Election of Vice Chair

  • The board elected Michael Glenn as vice chair for a one-year term. He was the only nominee and was approved by majority vote.

Key Outcomes

  • Approved Special Use Permit for wine and craft beer shop at 814 Dickinson Avenue (unanimous).
  • Approved Special Use Permit for major repair facility at 1214 Mumford Road with additional conditions regarding removal of hazardous materials during declared emergencies (unanimous).
  • Elected Michael Glenn as Vice Chair of the Board of Adjustment.

Note: One board member recused from the first item, and alternate member Nathan Cohen filled the voting position for that item only.

Meeting Transcript

Good evening and welcome to the September 27th, 2018 meeting of the Greenville Board of Adjustment. Uh Madam Secretary, would you please call the roll? Yes, sir. Rodney Bullock. Here. Michael Glenn. Here. Ann Bellis. Here. Hunt McKinnon. Here. Christopher Lilly. Here. Sharon Evans. Nathan Cohen? Here. Dylan Godley. Here. Jane Morris. Here. Okay. Mr. Chairman, the voting members for tonight's meeting are Mr. Johnson, Mr. Glenn, Mr. Bullock, Mrs. Bellis, Mr. McKinnon, Mr. Lilly, and Mr. Moretz, Mr. Cohen and Mr. Godley are not voting members but are allowed to participate in the discussions and are allowed to ask questions. Okay, first uh do I hear a motion to approve the minutes of the last meeting? So moved. They're second. Second. All right. All in favor. All opposed. All right. Minutes are accepted. Mr. Phillips, you've already spoken to us. Um tell us and remind us of the general procedure and voting requirement. 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. Though the rules of evidence are relaxed, it does not mean that they are ignored. Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision-making process. 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.

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