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Record of Proceedings

Greenville Board of Adjustment Meeting – October 25, 2018

Board of Adjustment — Thursday, October 25, 2018
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, October 25, 2018
StatusFILED
Video Record
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Transcript — Verbatim
0:51

Welcome to the October 25th meeting of the Greenville Board of Adjustment.

0:56

This time we'll call to order.

0:58

Madam Secretary, could you please call the roll?

1:01

Stephen Atkinson?

1:02

Present.

1:03

James Moretz.

1:04

Present.

1:05

Dylan Godley?

1:06

Here.

1:07

Nathan Cohen.

1:10

Sharon Evans.

1:11

Here.

1:12

Christopher Lilly.

1:13

Here.

1:14

Hunt McKinnon.

1:16

Here.

1:16

Anne Bellis.

1:18

Michael Glenn.

1:20

Here.

1:20

Rodney Bullock.

1:23

Bill Johnson.

1:24

Here.

1:26

Mr.

1:26

Phillips.

1:30

Mr.

1:30

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

1:34

Johnson, Mr.

1:34

Glenn, Mr.

1:35

McKinnon, Mr.

1:36

Moretz, Mr.

1:37

Lilly, Mr.

1:38

Godley, and Ms.

1:39

Evans.

1:39

Mr.

1:40

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

1:46

All right.

1:47

Thank you.

1:48

Do we hear a motion approve the minutes of the last meeting?

1:52

So in favor?

1:56

Minister approved.

1:57

Now, Mr.

1:58

Phillips, would you please 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.

2:12

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.

2:23

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.

2:31

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

2:35

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

2:43

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.

2:56

These writings are considered hearsay.

2:58

Statements by persons 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.

3:08

However, such an opinion may be admissible if it is made by an expert or by 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.

3:23

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

3:34

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

3:43

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

3:47

Pursuant to North Carolina General Statute 168-388 and section four of the Board of Adjustments Rules of Procedure.

3:53

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.

4:08

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.

4:22

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.

4:32

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

4:43

Personal interest shall be defined as having a family member involved in the project under consideration, a neighborhood association involvement where a board member is on the governing body of such association, or where the board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application.

Discussion Breakdown — Share of Meeting
Land Use█████████████████████████████████33%
Procedural███████████████████████████████31%
Zoning And Land Use████████████████████20%
Schools███████████11%
Public Hearing█████5%
Summary of Proceedings

Greenville Board of Adjustment Meeting – October 25, 2018

The Greenville Board of Adjustment met on October 25, 2018, at 11:00 AM to consider three agenda items: a continuance of a tobacco shop special use permit, a new special use permit for a vehicle sales facility, and an amendment to a special use permit for an elementary school expansion. The meeting was called to order with roll call, and the board heard procedural reminders from staff. All votes were unanimous unless noted.

Consent Calendar

  • Approval of minutes from the last meeting was moved and approved.

Public Comments & Testimony

  • No members of the public spoke in opposition to any of the agenda items. For the Sterling Rental and Pitt County Schools items, applicants presented their cases without opposition.

Discussion Items

Item 1: Continuance of Special Use Permit for Tobacco Shop

  • Staff requested a continuance of the application by Monthara Abdul to operate a tobacco shop at 917 Red Banks Road to the November 15, 2018 meeting, because mailed notices to adjacent property owners contained the wrong address. The applicant agreed. The board voted to continue the item.

Item 2: Sterling Rental Company LLC – Special Use Permit for Vehicle Sales

  • The applicant sought a special use permit to operate an automobile, truck, recreational vehicle, motorcycle, and boat sales and service facility at 1414 Charles Boulevard (tax parcel 04389). The property is zoned CG (General Commercial) and contains a 5,400 sq ft multi-tenant building; the applicant’s unit is 465 sq ft. Applicant John Day and Grant Jarman explained the proposal: sales only (no service), with approximately 12 vehicles displayed on site. The property was purchased in 2016 and currently houses Stadium Sports. Staff recommended three conditions: (1) site plan approval prior to occupancy to ensure adequate parking, (2) no operation as a junkyard or automobile graveyard, and (3) no parking within setbacks or buffer yards. No opposition was heard. The board approved the petition with the conditions.

Item 3: Pitt County Schools – Amendment to Special Use Permit for Wintergreen Elementary

  • The applicant requested an amendment to a special use permit to allow expansion of Wintergreen Elementary School at 4710 and 4720 County Home Road (tax parcels 58131 and 4362). The property is 61.64 acres and zoned RA20 (Residential Agriculture). The expansion consists of a nine-trailer modular unit containing seven classrooms and restrooms to address overcrowding and comply with House Bill 90 (class size reduction). Aaron Erickson, Director of Facility Services for Pitt County Schools, presented. The original permit was issued in April 1997, with a previous amendment in 2016. Staff noted the project must meet all fire and building codes and had no objection. No opposition. The board approved the amendment.

Key Outcomes

  • Minutes from the last meeting were approved.
  • Tobacco shop special use permit continued to November 15, 2018.
  • Sterling Rental Company LLC special use permit approved with three conditions.
  • Pitt County Schools amendment to special use permit approved for modular expansion at Wintergreen Elementary.
  • All motions passed unanimously without opposition.

Meeting Transcript

Welcome to the October 25th meeting of the Greenville Board of Adjustment. This time we'll call to order. Madam Secretary, could you please call the roll? Stephen Atkinson? Present. James Moretz. Present. Dylan Godley? Here. Nathan Cohen. Sharon Evans. Here. Christopher Lilly. Here. Hunt McKinnon. Here. Anne Bellis. Michael Glenn. Here. Rodney Bullock. Bill Johnson. Here. Mr. Phillips. Mr. Chairman, the voting members for tonight's meeting are Mr. Johnson, Mr. Glenn, Mr. McKinnon, Mr. Moretz, Mr. Lilly, Mr. Godley, and Ms. Evans. Mr. Atkinson is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions. All right. Thank you. Do we hear a motion approve the minutes of the last meeting? So in favor? Minister approved. Now, Mr. Phillips, would you please 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. These writings are considered hearsay. Statements by persons 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.

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