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Record of Proceedings

Greenville Board of Adjustment Meeting - April 25, 2019

Board of Adjustment — Thursday, April 25, 2019
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, April 25, 2019
StatusFILED
Video Record
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Transcript — Verbatim
0:52

Good evening and welcome to the April 25th meeting of the Greenville Board of Adjustment.

0:57

At this time, I'll call the meeting to order.

0:59

Madam Secretary, please call roll.

1:02

Bill Johnson.

1:03

Here.

1:04

Rodney Bullock.

1:06

Michael Glenn.

1:10

Here.

1:10

Hunt McKinnon.

1:12

Here.

1:12

Dillian Godley.

1:14

Here.

1:15

James Moratz.

1:17

Nathan Cohen.

1:18

Here.

1:19

Christopher Lilly.

1:20

Here.

1:21

Sharon Evans.

1:23

Stephen Atkinson.

1:29

Mr.

1:29

Chairman, all members present tonight are voting members for tonight's meeting.

1:33

All right.

1:33

Thank you.

1:34

And I do hear a motion to approve the minutes for the last meeting.

1:38

I have a lot of requests to change.

1:42

Okay.

1:52

So if not contact, it's point of conviction for the utilities.

1:56

You may ask a question about that.

2:01

So will we just change that?

2:03

Do we need to vote on it?

2:06

I know we can't approve the message.

2:07

Yes, sir.

2:08

You would need to vote on approving the amended the minutes as amended.

2:12

Okay.

2:14

Do you want to make a motion?

2:16

I'd like to make a motion to change the minutes to this point of conviction.

2:20

Okay.

2:20

Is there a second?

2:21

Seconded.

2:22

All approved as as amended.

2:27

Minister approved.

2:29

Um, Mr.

2:32

Phyllis, would you now read remind the public of the general procedure and voting requirement?

2:36

Yes, Mr.

2:37

Chairman.

2:38

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

2:42

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

2:45

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.

2:55

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.

3:04

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

3:07

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

3:15

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 is prepared to prepare the writing is testifying.

3:28

These writings are considered hearsay.

3:31

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.

3:40

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

4:25

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 effective person's constitutional right to a fair and impartial decision maker.

4:40

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 expartate communication with the person before the board, any witnesses, staff, or other board members.

4:54

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.

5:03

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

5:12

Personal interest shall be defined as having a family member involved in the project under consideration.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████55%
Mobile Home Parks█████████████████████████████36%
Flooding███████9%
Summary of Proceedings

Greenville Board of Adjustment Meeting - April 25, 2019

The Greenville Board of Adjustment met on April 25, 2019, at 11:00 AM UTC. The meeting was called to order with all voting members present. The board considered one special use permit request for a mobile home on a lot in the Residential Agriculture zoning district. After a public hearing, the board voted unanimously to approve the permit with conditions.

Consent Calendar

  • The board approved the minutes of the previous meeting as amended. A motion was made to amend the minutes regarding a "point of conviction for the utilities" (specifics not detailed in the transcript). The amendment was seconded and the minutes were approved as amended.

Public Comments & Testimony

  • No members of the public spoke in favor of or against the request. The only speaker was the applicant, Don Fisher, manager at Carlson Homes, who presented the application for a special use permit for a mobile home at 980 Benjamin Drive.

Discussion Items

  • Staff Report: Planning staff presented the request. The property is 0.69 acres, with 119 feet of frontage on Benjamin Drive, located in the floodplain (FU Plain area) and zoned RA20. Surrounding zoning includes RE20 and R6-MH. The future land use is low to medium density residential. Staff recommended one condition: the structure must be elevated to specifications per an elevation certificate, and building and floodplain development permits are required.
  • Applicant Presentation: Don Fisher confirmed awareness of the floodplain requirements.
  • Board Questions: No questions from board members.
  • Staff Recommendation: Staff had no objections to the request with the recommended condition.
  • Board Discussion: The board closed the public hearing and proceeded to a vote. The chair read the criteria review by reference; silence was considered a vote in favor.

Key Outcomes

  • Motion to Accept Findings of Fact: The board voted unanimously to accept the findings of fact with the condition.
  • Motion to Approve Permit: The board voted unanimously to approve the special use permit for the mobile home at 980 Benjamin Drive, subject to the condition that the structure be elevated and all required permits obtained.
  • Adjournment: The meeting adjourned following a motion and second.

Meeting Transcript

Good evening and welcome to the April 25th meeting of the Greenville Board of Adjustment. At this time, I'll call the meeting to order. Madam Secretary, please call roll. Bill Johnson. Here. Rodney Bullock. Michael Glenn. Here. Hunt McKinnon. Here. Dillian Godley. Here. James Moratz. Nathan Cohen. Here. Christopher Lilly. Here. Sharon Evans. Stephen Atkinson. Mr. Chairman, all members present tonight are voting members for tonight's meeting. All right. Thank you. And I do hear a motion to approve the minutes for the last meeting. I have a lot of requests to change. Okay. So if not contact, it's point of conviction for the utilities. You may ask a question about that. So will we just change that? Do we need to vote on it? I know we can't approve the message. Yes, sir. You would need to vote on approving the amended the minutes as amended. Okay. Do you want to make a motion? I'd like to make a motion to change the minutes to this point of conviction. Okay. Is there a second? Seconded. All approved as as amended. Minister approved. Um, Mr. Phyllis, would you now read remind the public of the general procedure and voting requirement? 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 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.

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