Board of Adjustment Meeting – December 20, 2018
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Board of Adjustment Meeting – December 20, 2018
The Greenville Board of Adjustment convened on December 20, 2018, at 11:00 AM to consider two agenda items: the approval of minutes and a decision/order from a previous special use permit, and a public hearing for a new special use permit for a minor repair facility. The board elected a substitute chair after a member recused himself due to a conflict of interest. The meeting resulted in the approval of the prior order and the granting of a special use permit with a specific condition.
Consent Calendar
- Minutes from the November 15, 2018, meeting were approved with two amendments suggested by Mr. McKinnon regarding the phrasing of his remarks.
- The proposed decision and order for the special use permit from November 15, 2018, were presented by Mr. Phillips (board attorney) and approved by unanimous vote without amendments.
Public Comments & Testimony
- Agenda Item 2 – Special Use Permit for Minor Repair Facility:
- Applicant Osama Bader testified that the business would involve only tire installation and that all operations would be conducted inside the building.
- Building owner Michael Glenn expressed support, noting the applicant had cleaned up and painted the building, which had been boarded up for 20 years. He stated they had discussed keeping work out of the front parking area and maintaining the building's appearance.
- No members of the public spoke in opposition.
Discussion Items
- Recusal and Election of Chair:
- Board member Michael Glenn recused himself from agenda item 2 due to a conflict of interest (he is the building owner). The board voted to allow the recusal.
- Because neither the chair nor vice chair were present, a special election was held to select a chairman for the public hearing. Ronnie Bullock was elected chair by voice vote.
- Staff Presentation:
- City staff presented the application details: property at 400 South Memorial Drive, 0.46 acres, 8,000 sq. ft. building (applicant’s unit ~6,000 sq. ft.), zoned Downtown Commercial Fringe (CDB). Surrounding zoning is R6 (residential) to the north and commercial to the south. The use is not consistent with the Horizons plan’s office/institutional recommendation but is allowed in the current zoning with a special use permit.
- Staff recommended conditions: (1) parking plan approval for ADA spaces, (2) vehicle repair must be stored in the rear, (3) a visible fence required if services to damaged vehicles are rendered.
- Board Discussion on Conditions:
- Board member Anne Bellis proposed adding a condition requiring that all repair work be performed inside the building (interior) rather than just in the rear of the property. She cited protecting health, safety, and property values.
- The applicant and building owner both consented to this additional condition. The board discussed the necessity and agreed to include it as a specific restriction.
Key Outcomes
- Minutes Approved: With amendments as proposed.
- Decision and Order Approved: Unanimously (motion by Mr. Atkinson, seconded).
- Special Use Permit Granted: For a minor repair facility at 400 South Memorial Drive, subject to staff’s recommended conditions and an additional condition that “all work be performed inside the building.” The motion included that this condition is necessary to protect the health and safety of workers and residents and the value and use of property in the neighborhood. The motion carried with all voting members in favor.
- Adjournment: The meeting was adjourned after the decisions.
Meeting Transcript
All right, uh, welcome to the uh December 20th, 2018 Board of Adjustment. At this time, we'll call the meeting to order. Uh, Madam Secretary, would you please call the role? Stephen Atkinson. Sharon Evans. Present. Christopher Lilly. Here. Nathan Powell. Here. James Moretz. Present. Dylan Godley. Hunt McKinnon. Here. Anne Bellis. Here. Michael Glenn. Here. Rodney Bullock. Here. Bill Johnson. Mr. Chairman, uh, the voting members for tonight's meeting for the first agenda item are Mr. Glenn, Miss Bellis, Mr. McKinnon, Mr. Lilly, Mr. Moretz, and Mr. Bullock, Mr. Cohen, Miss Evans, and Mr. Atkinson are not voting members but are allowed to participate in the discussions and allowed to ask questions with regard to uh number one, item number one. And I'll address uh agenda item number two when we get to that. Uh I'll go ahead if you don't mind and read the other required materials uh for uh purposes of the public hearing portions. 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. 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 a person such as, in my opinion, the application will create a hazard is not admissible opinion and may not be considered by the board. 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. Any witnesses, staff, or other board members. 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. No board member shall take part in the hearing consideration or determination of any matter on which the board member is involved or has a financial or personal interest. 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. If a board member has such a conflict, he shall declare the conflict and request to be excused from voting on the issue. A majority vote of the remaining members present shall be required to excuse the members, the member. No board member shall vote on any matter deciding an application or appeal unless unless he shall have attended a public hearing on that application or appeal.
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