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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Greenville Board of Adjustment Meeting – September 24, 2020

Board of Adjustment — Thursday, September 24, 2020

BodyGreenville, North Carolina

SessionBoard of Adjustment

DateThursday, September 24, 2020

StatusFILED

Video Record

0:00 / 1:05:19

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0:48

We are live.

0:50

All right.

0:51

Good evening, everyone.

0:52

The meeting will now come to order.

0:55

Welcome you to the September 24th, 2020 meeting of the City of Greenville Board of Adjustment.

1:01

My name is Michael Glenn.

1:03

I am the chair of the board.

1:05

I'd like to start by acknowledging that we're conducting this meeting using a remote electronic platform, so I ask for your patience as we transition between slides and uh presenters.

1:15

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.

1:23

We conduct evidentiary hearings on requests for special use permits, variances, appeals of administrative decisions, and interpretations.

1:32

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.

1:45

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.

1:58

Second, each applicant on tonight's agenda was notified before being placed on the agenda that this meeting would be conducted using a remote electronic platform.

2:07

Every applicant on tonight's agenda has consented to the board conducting the evidentiary hearing on their request using this remote platform.

2:15

We will also confirm tonight at the start of each evidentiary hearing that the participants in the evidentiary hearing consent to the matter proceeding in this remote platform.

2:24

No case is proceeding tonight in which the city has been contacted by an individual who objects to this meeting being held by way of simultaneous remote meeting platform.

2:35

Third, a notice of this meeting was provided to the applicants and the public in numerous ways.

2:40

Specifically, notice of tonight's evidentiary hearings was provided by mail to all property owners within 250 feet of each subject property.

2:49

The mailed notices were sent two weeks in advance of the meeting date and within the law to provide such notice.

3:00

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.

3:09

Each of these notice methods were also done within the legal requirement to provide such notice.

3:21

Fourth, any individual wishing to participate in tonight's evidentiary hearings was required to sign up prior to the meeting to participate.

4:30

No new documents will be presented at tonight's meeting, and all decisions of this board are subject to appeal with the Pitt County Superior Court.

4:38

Finally, all individuals who signed up to participate in an evidentiary hearing on tonight's agenda were mailed a witness oath form prior to tonight's meeting.

4:47

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.

5:01

All right.

5:02

So uh Mr.

5:02

Clerk, if you would please call the roll.

5:05

Michael Blenn?

5:06

Here.

5:08

Rodney Bullock?

5:09

Here.

5:10

Ann Bellis?

5:11

Here.

5:12

Hunt McKinnon?

5:14

Here.

5:15

Christopher Lilly.

5:18

Sharon Evans?

5:20

Here.

5:21

Stephen Atkinson?

5:23

Yeah.

5:24

Nathan Cohen?

5:26

Here.

5:28

Dylan Godley?

5:29

Sure.

5:31

John Landrine?

5:33

Here.

5:34

Sir, that completes your role.

5:35

You have a quorum.

5:37

Mr.

5:37

Chairman.

5:38

Yes, sir.

5:39

Good evening, Mr.

5:40

Chairman and members of the board.

5:42

The voting members for tonight's meeting are as follows.

5:46

Mr.

5:46

Glenn, Mr.

5:47

Bullock, Ms.

5:48

Bellis, Mr.

5:49

McKinnon, Mr.

Discussion Breakdown — Share of Meeting

Procedural████████████████████████████████32%

Public Hearing███████████████████████████27%

Zoning And Land Use█████████████████████21%

Legal Procedure██████████████████18%

Housing██2%

Summary of Proceedings

Greenville Board of Adjustment Meeting – September 24, 2020

The Greenville Board of Adjustment held a remote public hearing on September 24, 2020, at 11:00 AM, chaired by Michael Glenn. The board reviewed five agenda items: one renewal of a special use permit and four new special use permit requests. All votes were unanimous. The meeting was conducted electronically due to the COVID-19 emergency, with due process notices provided to applicants and nearby property owners.

Consent Calendar

Approval of Prior Minutes: The board approved the minutes from the previous meeting with corrections noted by member Stephen Atkinson (copy-paste errors regarding meeting dates). The motion passed unanimously.

Discussion Items

Old Business: Renewal of Special Use Permit for Bed and Breakfast (1105 East Fifth Street)

Applicant: Christopher Walkers, operating the Fifth Street Inn. The property is a 3,376 sq ft residential dwelling zoned R6S. The bed and breakfast has been in operation for 12 years.
Staff Report: Elizabeth Blunt presented that the use complies with the future land use plan and that notice was mailed to adjoining property owners. Staff had no objection.
Board Discussion: Member Hunt McKinnon moved approval, noting the long-term operation and lack of issues. The board unanimously approved the findings of fact and the petition.

New Business: Special Use Permit for Mobile Home (402 Four Lines Road)

Applicant: Amanda Smith. The 0.65-acre vacant lot is in the ETJ, zoned RA20, and lies within the 1% annual chance floodplain. The proposed single-wide mobile home requires a building permit and final elevation certificate.
Staff Report: Staff recommended conditions including a floodplain development permit. No objections.
Board Discussion: A question about zoning character types was clarified by staff. The board unanimously approved the findings of fact and the petition with staff conditions.

New Business: Amendment to Special Use Permit to Add Child Care Facility (901 Staten Road)

Applicant: Greenville Community Services LLC (Robert Greer and Donnie Phillips Sr.). The 12-acre property, zoned IU, formerly housed Ignite School. The amendment seeks to add a head start program for children ages 1–5. The original permit for a school was granted in 2016.
Staff Report: Staff noted that playground equipment had been installed without site plan approval; a site plan will be required. Staff recommended conditions but had no objection.
Board Discussion: The applicant explained the consolidation of head start locations. The board unanimously approved the findings of fact and the petition with staff conditions.

New Business: Special Use Permit for Tobacco Shop Class One (1914 Turnbury Drive, Suite E)

Applicant: MEA Tobacco and Vape LLC (Mohammed Ali). The 1,300 sq ft unit is in a 48,179 sq ft commercial building zoned CG. The applicant had been operating as a class two tobacco shop but qualifies only for class one due to proximity to multifamily housing (Terra condominiums).
Staff Report: Staff recommended conditions prohibiting sales of smoking apparatus, outdoor activities, and smoking on premises. No objections.
Board Discussion: The applicant confirmed understanding of the conditions. The board unanimously approved the findings of fact and the petition with staff conditions.

New Business: Special Use Permit for Child Care Facility (118 West Fire Tower Road)

Applicant: PBLA Inc. (Jason Carrow). The 1-acre property, zoned O, contains a 5,398 sq ft commercial building that was previously a child care center (Child Time) but has been vacant for over six months. No prior special use permit existed.
Staff Report: Staff recommended compliance with city codes and state licensing regulations. No objections.
Board Discussion: The applicant noted the nonprofit model and blended funding. The board unanimously approved the findings of fact and the petition with staff conditions.

Key Outcomes

All five agenda items were approved unanimously (7-0 votes on each motion).
The board adjourned after completing the agenda.
A humorous remark was made about obtaining a new light for staff member Elizabeth Blunt, but no formal action was taken.

Meeting Transcript

We are live. All right. Good evening, everyone. The meeting will now come to order. Welcome you to the September 24th, 2020 meeting of the City of Greenville Board of Adjustment. My name is Michael Glenn. I am the chair of the board. I'd like to start by acknowledging that we're conducting this meeting using a remote electronic platform, so I ask for your patience as we transition between slides and uh presenters. 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 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 tonight 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 held by way of simultaneous remote meeting platform. Third, a notice of this meeting was provided to the applicants and the public in numerous ways. Specifically, notice of tonight's evidentiary hearings was provided by mail to all property owners within 250 feet of each subject property. The mailed notices were sent two weeks in advance of the meeting date and within the law to provide such notice. 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. Fourth, any individual wishing to participate in tonight's evidentiary hearings was required to sign up prior to the meeting to participate. No new documents will be presented at tonight's meeting, and all decisions of this board are subject to appeal with the Pitt County Superior Court. Finally, all individuals who signed up to participate in an evidentiary hearing on tonight's agenda were mailed 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. All right. So uh Mr. Clerk, if you would please call the roll. Michael Blenn? Here. Rodney Bullock? Here. Ann Bellis? Here. Hunt McKinnon? Here. Christopher Lilly. Sharon Evans? Here. Stephen Atkinson? Yeah. Nathan Cohen? Here. Dylan Godley? Sure. John Landrine? Here. Sir, that completes your role. You have a quorum. Mr.

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