City of Greenville Board of Adjustment Meeting - August 27, 2020
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City of Greenville Board of Adjustment Meeting - August 27, 2020
The City of Greenville Board of Adjustment met remotely on August 27, 2020, at 11:15 UTC (evening local time) to conduct quasi-judicial hearings on four special use permit applications and one administrative appeal. All decisions were unanimous. The meeting was conducted under session law 2020-3 allowing remote proceedings during the COVID-19 state of emergency.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the special called meeting of August 6, 2020.
- Continuance: A request by Christopher Walker to renew a special use permit for a bed and breakfast at 1105 East Fifth Street was continued to the board's next regular meeting on September 24, 2020, at the applicant's request. The continuance was approved unanimously.
Discussion Items
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Administrative Appeal Decision and Order (February 27, 2020): The board considered a proposed decision and order for an appeal heard on February 27, 2020. Voting members were Michael Glenn, Rodney Bullock, Ann Bellis, Hunt McKinnon, Christopher Lilly, and Stephen Atkinson (Chairman Johnson's term expired). A typographical error ("contents" instead of "contends") was corrected. The decision and order was approved unanimously.
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Special Use Permit – Circle K Stores Inc. (950 East Fire Tower Road): The applicant sought a special use permit for a convenience store with gasoline sales and outdoor dining, located within 300 feet of a residential district. The property is 2.2 acres, zoned CG (General Commercial). Staff recommended conditions regarding noise, lighting, and outdoor activities. Board member Christopher Lilly disclosed he works for the firm selling the property to the tenants group but did not have prior knowledge of the transaction; no objection to his participation was raised. The board unanimously approved the petition with the recommended conditions.
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Special Use Permit – Tashara Barnes (2112 Cameron Court): The applicant requested a home occupation child daycare for up to five children (including her own two). The property is 0.28 acres, zoned RA20. The applicant stated the driveway can accommodate four cars. Staff recommended conditions. The board unanimously approved the findings of fact and the petition.
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Special Use Permit – Marvin McKesson (1025 West Fifth Street): The applicant sought approval for a restaurant/coffee shop with outdoor dining in the West Greenville certified redevelopment area. The property is 0.4 acres, zoned CDF (Downtown Commercial Fringe). Board member Hunt McKinnon recused himself due to a prior client relationship with the applicant. The board corrected a staff condition: the condition prohibiting amplified sound was kept, and a conflicting condition regarding sound orientation was removed. The petition was approved unanimously with the amended conditions.
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Special Use Permit Amendment – Pitt County Board of Education (3601 South Bend Road): The board approved an amendment to add a four-classroom modular building with restrooms to an existing elementary school. The property is 28 acres, zoned RA20 and R9S. The modular will be placed behind existing buildings, not visible from the road. Staff recommended conditions. The petition was approved unanimously.
Key Outcomes
- All votes were unanimous.
- The administrative appeal decision and order from February 27, 2020, was approved with a typographical correction.
- The Circle K special use permit was approved with conditions.
- The Tashara Barnes home daycare special use permit was approved.
- The Marvin McKesson restaurant special use permit was approved with an amended condition (removing the seventh condition on sound orientation).
- The Pitt County Board of Education's special use permit amendment was approved.
- The meeting adjourned at approximately 12:30 UTC (approximate, based on the flow of the transcript).
Meeting Transcript
Okay, Mr. Glenn. All right. Good evening, everyone. Uh, the meeting will now come to order. Uh, welcome to the August 27th, 2020 meeting of the City of Greenville Board of Adjustment. My name is Michael Glenn. I'm uh the chair of the board. I would like to start by acknowledging that we are conducting this meeting using a remote electronic platform. I would ask for your patience today as we proceed. There may be slight delays as we transition between speakers, participants, and presentations. The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General Statutes and the City's code of ordinance. We conduct evidentiary hearings on requests for special use permits, variances, appeals of administrative decisions, and interpretations. Before we begin the evidentiary hearings on tonight's agenda, I would like to provide some important information about the steps taken to ensure that each party's due process rights are protected as we proceed in this remote platform. First, tonight's meeting will be conducted in accordance with the newly enacted statutes in session law 2020-3, which allow for remote meetings and quasi judicial hearings during declarations of emergency. Second, each applicant on tonight's agenda was notified and before notified before being placed on the agenda that this meeting would be conducted using a remote electronic platform. Every applicant on tonight's agenda has consented to the board conducting the evidentiary hearing on their request using this remote platform. We will also confirm today at the start of each evidentiary hearing that the participants in the evidentiary hearing consent to the matter proceeding in this remote platform. No case is proceeding tonight in which the city has been contacted by an individual who objects to this meeting being heard by way of a simultaneous remote meeting platform. Third, notice of this meeting was provided to the applicants and the public in numerous ways, well beyond the legal requirements for noticing this meeting and the evidentiary hearings. Specifically, notice of tonight's evidentiary hearings was provided by mail to all property owners within 250 feet of each sub each subject property. The mailed notices were sent two weeks in advance of the meeting date and within the law to provide such notice, and each notice letter was notified the recipient of the remote meeting platform. Notice was also provided by posting signs on the site of each property, publishing notice in the newspaper, and providing notice on the city's website. Each of these notice methods were also done within the legal requirement to provide such notice. No new documents will be presented at tonight's meeting. All decisions of this board are subject to appeal with the Pitt County Superior Court. And finally, all individuals who signed up to participate in an evidentiary hearing on tonight's agenda, as well as all city staff participants were emailed a witness oath form prior to tonight's meeting. Any individual planning to testify or submit evidence in an evidentiary hearing was notified that they must sign the oath form prior to tonight's meeting. We will also reaffirm everyone's oath on the record at tonight's meeting. All right. You're muted. I'm sorry, excuse me. Michael Glenn, please. Uh here. Thanks. Rodney Bullock? Here. Ann Bellis? Here. Hunt McKinnon. Hunt McKinnon? You're muted. Okay. Is that better? Yes, sir. Christopher Lilly. Here. Sorry. Sharon Evans? Here.
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