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Record of Proceedings

Greenville Board of Adjustment Meeting – February 28, 2019: Special Use Permits Approved and Annual Review of Establishments

Board of Adjustment — Thursday, February 28, 2019
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, February 28, 2019
StatusFILED
Video Record
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0:50

Good evening.

0:51

Welcome to the February 28th meeting of the Board of Adjustment.

0:54

This time we'll call it order.

0:56

Madam Secretary, please call roll.

0:59

Stephen Atkinson?

1:01

Hunt McKinnon?

1:02

Here.

1:03

Michael Glenn.

1:04

Here.

1:04

Sharon Evans?

1:05

Here.

1:06

Christopher Lilly.

1:07

Here.

1:08

Bill Johnson.

1:09

Here.

1:10

Nathan Cohen.

1:12

James Moret.

1:15

Rodney Bullock?

1:16

Here.

1:17

And Bellis.

1:18

Here.

1:18

Dylan Godley.

1:20

Here.

1:24

Mr.

1:24

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

1:27

Johnson, Mr.

1:28

Bullock, Mr.

1:29

Glenn, Miss Bellis, Mr.

1:31

McKinnon, Miss Mr.

1:33

Lilly, and Miss Evans.

1:35

Mr.

1:35

Godley and Mr.

1:36

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

1:42

All right, thank you.

1:47

Second.

1:48

Second.

1:48

All in favor?

1:50

That's approved.

1:52

Mr.

1:53

Phillips, will you now remind the public of the general procedure and voting requirements?

1:57

Yes, Mr.

1:58

Chairman.

1:59

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.

2:06

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.

2:17

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

2:25

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

2:29

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

2:36

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 persons who prepared the writing is testifying.

2:49

These writings are considered hearsay.

2:52

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.

3:00

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.

3:15

A layperson can give his 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.

3:25

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.

3:34

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

3:38

Pursuant to North Carolina General Statute 168-388 and section 4 of the Board of Adjustments Rules of Procedure.

3:45

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.

4:01

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 and undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members.

4:16

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.

4:25

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

4:35

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 whether board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application.

Discussion Breakdown — Share of Meeting
Public Safety█████████████████████████25%
Zoning And Land Use██████████████████18%
Public Hearing██████████████████18%
Alcohol Regulation█████████████████17%
Legal Procedure████████████12%
Procedural████████8%
Public Comment██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting – February 28, 2019

The Greenville Board of Adjustment met on February 28, 2019, at 11:00 AM to conduct public hearings on three special use permit applications and to conduct the annual review of public/private clubs, dining and entertainment establishments, and microbreweries operating under special use permits. All three permit applications were approved unanimously, and the board voted that no rehearings were required for the establishments reviewed.

Public Hearings

1. Special Use Permit – Don Cox (Child Care Facility at 1304 North Green Street)

  • The applicant, Don Cox, sought a special use permit to operate a child daycare facility in a 2,219 square-foot commercial building on a 0.277-acre property zoned CDF (Downtown Commercial Fringe). The property fronts 90 feet on North Green Street.
  • Staff report noted the use complies with the future land use plan and recommended two conditions: compliance with city code, state licensing, and DHHS regulations; and site plan/parking approval prior to operation.
  • Don Cox stated he has outgrown his existing center on Montford Road and wants to expand to serve families on that side of the river. Surveyor Steve Sproul and property owner Jackie James spoke in favor; Jackie James also mentioned plans for an after-school program in an adjacent building.
  • No opposition was voiced.
  • The board unanimously (all ayes) approved the permit with staff’s recommended conditions.

2. Special Use Permit – SXCW Properties Two, LLC (Auto Wash with Gasoline Sales at 0 West Fire Tower Road)

  • The applicant sought a permit to operate an automobile wash with gasoline sales as an accessory use on 2.56 acres of a larger parcel (total 47.41 acres) at the northwest corner of Whitley Drive and West Fire Tower Road. The property is zoned CG (General Commercial) and located in the city’s extraterritorial jurisdiction.
  • Board member Mr. Lilly recused himself due to a conflict of interest (the client works with another member of his firm). The recusal was approved.
  • Staff reported that the use complies with the Horizons Plan (mixed-use high intensity) and recommended two conditions: final plating, annexation, stormwater management, erosion control, and site plan approval prior to building permit; and parking must satisfy both auto wash and fuel sales.
  • Applicant Andrew Denton (representing Sam’s Express Car Wash, which operates three locations in North Carolina) described operating hours: fuel 6 AM–10 PM, car wash 7:30 AM–9 PM, seven days a week.
  • No opposition was offered.
  • The board unanimously approved the permit with the conditions.

3. Special Use Permit – Ellen Sheffer (Spray Tanning and Teeth Whitening at 802 Dickinson Avenue)

  • The applicant, Ellen Sheffer (owner of Southern Soleil), sought an amended special use permit to operate a personal service (spray tanning and teeth whitening) in a 1,260 square-foot commercial building. The property is within the West Greenville certified redevelopment area and zoned CD (Downtown Commercial) and CDF.
  • Staff recommended one condition: services shall be limited to spray tanning and teeth whitening only, excluding body art or piercing.
  • Applicant explained she has been a spray tan artist since 2009 and will offer full-body spray tanning, contouring, hydration therapy, and teeth whitening (no client contact).
  • No opposition was voiced.
  • The board unanimously approved the permit with the condition.

Annual Review of Special Use Permits (Public/Private Clubs, Dining & Entertainment, Microbreweries)

  • The board reviewed a comprehensive packet containing maps, lists of establishments, and comments from police, fire, inspections, zoning, alcohol law enforcement (ALE), and code enforcement, along with raw call-for-service data.
  • Staff explained that calls for service at some locations, notably downtown clubs, included place marker calls not necessarily attributable to the establishment. After review, only 10 of 96 calls for 511 South Cotanch Street (Still Life) were directly linked to the venue; similarly, 218 East Fifth Street had two attributable assault reports.
  • Board members questioned Lieutenant Tendall (Greenville Police) and ALE Supervisor Eric Swain about patterns of violations. ALE noted a consistent pattern of violations at Pantana Bobs (513 Cotanch Street) in previous years, but the current review covered only 2018 data.
  • The board discussed whether any establishment warranted a rehearing. No motion was made to require a rehearing for any specific club.
  • A motion was made and seconded that, based on the staff report, a rehearing is not required for any public/private club, dining and entertainment establishment, or microbrewery listed. The motion passed unanimously (all ayes), concluding the annual review.

Key Outcomes

  • Special use permit approved for Don Cox child care facility at 1304 North Green Street (unanimous).
  • Special use permit approved for SXCW Properties Two, LLC auto wash with gasoline at 0 West Fire Tower Road (unanimous, with Mr. Lilly recused).
  • Special use permit approved for Ellen Sheffer spray tanning/teeth whitening at 802 Dickinson Avenue (unanimous, with condition limiting services).
  • Annual review concluded with a unanimous vote that no rehearings are required for any listed establishments.
  • Meeting was adjourned after all business was completed.

Meeting Transcript

Good evening. Welcome to the February 28th meeting of the Board of Adjustment. This time we'll call it order. Madam Secretary, please call roll. Stephen Atkinson? Hunt McKinnon? Here. Michael Glenn. Here. Sharon Evans? Here. Christopher Lilly. Here. Bill Johnson. Here. Nathan Cohen. James Moret. Rodney Bullock? Here. And Bellis. Here. Dylan Godley. Here. Mr. Chairman, the voting members for tonight's meeting are Mr. Johnson, Mr. Bullock, Mr. Glenn, Miss Bellis, Mr. McKinnon, Miss Mr. Lilly, and Miss Evans. Mr. Godley and Mr. Atkinson are not voting members but are allowed to participate in the discussions and are allowed to ask questions. All right, thank you. Second. Second. All in favor? That's approved. Mr. Phillips, will you now remind the public of the general procedure and voting requirements? Yes, Mr. Chairman. 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 by 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 persons 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 traffic hazard is not an admissible opinion and may not be considered by the board.

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