OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

City of Greenville Board of Adjustment Meeting - October 26, 2020

Board of AdjustmentMonday, October 26, 2020
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateMonday, October 26, 2020
StatusFILED
Video Record

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Transcript — Verbatim
1:02

Okay, Mr.

1:03

Chair, you all are live.

1:06

All right, good evening, everyone.

1:08

Um, meeting will now come to order.

1:10

I want to welcome you to the October 22nd meeting of the City of Greenville Board of Adjustment.

1:15

My name is Michael Glenn, and I am the chair of the board.

1:19

I would like to start by acknowledging that we're conducting this meeting using a remote electronic platform.

1:25

I would ask for your patience today as we proceed.

1:27

The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General Statutes and the City's Code of Ordnance.

1:34

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

1:43

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.

1:56

First, tonight's meeting will be conducted in accordance with the newly enacted statutes in session law twenty twenty-three, which allow for remote meetings and quasi-judicial hearings during declarations of emergency.

2:09

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.

2:18

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

2:26

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.

2:35

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 simultaneous remote meeting platform.

2:46

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

2:51

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

3:01

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

3:08

And each notice letter notified the recipient of the remote meeting platform.

3:13

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.

3:22

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

4:48

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.

5:00

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.

5:04

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.

5:13

We will reaffirm everyone's oath on the record at the meeting during our meeting.

5:18

All right.

5:19

Mr.

5:19

Clerk, if you will please call the roll.

5:21

Yes, sir.

5:22

Michael Glenn?

5:23

Here.

5:24

Rodney Bullock?

5:26

Here.

5:27

Ann Bellis?

5:28

Here.

5:29

Hunt McKinnon?

5:31

Here.

5:32

Christopher Lilly?

5:33

Here.

5:34

Sharon Evans?

5:35

Here.

5:36

Stephen Atkinson.

5:39

Nathan Cohen?

5:41

Here.

5:42

Dylan Godley.

5:48

John LaDrene?

5:49

Here.

5:51

Mr.

5:51

Chair, you have a quorum.

5:53

All right.

5:54

Thank you, Mr.

5:55

Chair.

5:55

Yes.

5:56

I would like to let you know that Mr.

5:59

Atkison had a deaf in his family, and that's why he is not here.

6:03

Thank you, Ms.

6:04

Blunt.

6:06

We need uh do we don't need a um motion to approve an absence, do we in this case?

6:13

No.

Discussion Breakdown — Share of Meeting
Procedural██████████████████████████████30%
Public Hearing████████████████████████24%
Legal Procedure██████████████14%
Public Health████████████12%
Zoning And Land Use█████████9%
Cannabis Regulation██████6%
Public Comment██2%
Flooding██2%
Youth Programs1%
Summary of Proceedings

City of Greenville Board of Adjustment Meeting - October 26, 2020

Note: The transcript opening states the meeting is the "October 22nd meeting," but the provided meeting date is October 26, 2020. This summary uses the provided date.

The City of Greenville Board of Adjustment held a remote public hearing on October 26, 2020, at 7:30 PM, chaired by Michael Glenn. The board considered three special use permit applications: a tattoo shop, a mobile home placement, and a child drop-in daycare facility. All three applications were approved unanimously. Board member Stephen Atkinson was absent due to a death in the family; his absence was excused. Chair Glenn recused himself from the third item due to an ownership interest in the property.

Consent Calendar

  • The minutes from the September 24, 2020 meeting were approved unanimously.

Discussion Items

Item 1: Special Use Permit – Tattoo Shop (Bruce and Kyle Ellsworth)

  • Applicant Location: 3193 East 10th Street, Suite A (tax parcel 1649).
  • Staff Report (Elizabeth Blunt): The property is 2.18 acres, zoned CH (Heavy Commercial), with a 750 sq ft unit requested. Staff recommended conditions including health department permits, sanitation compliance, and no loitering.
  • Applicant Testimony (Kyle Ellsworth): The applicant, a tattoo artist with three years of experience and a one-year apprenticeship, chose the location for high visibility and proximity to ECU. He presented CPR and bloodborne pathogens certifications. He noted Greenville has ~95,000 residents and 10 tattoo shops vs. Jacksonville (75,000 residents, 30 shops). He committed to COVID-19 safety protocols (masks, temperature checks, sanitization). Bruce Ellsworth added they have been working with the health department.
  • Board Questions: None.
  • Staff Recommendation: No objection with conditions.
  • Board Vote: Unanimous approval of findings of fact and petition.

Item 2: Special Use Permit – Mobile Home Placement (Gentry Russo for Excel Contractors)

  • Applicant Location: 1650 Sandstone Court (tax parcel 46784) in the city's extraterritorial jurisdiction (ETJ).
  • Staff Report (Elizabeth Blunt): The property is 0.46 acres, zoned RA20 (Residential Agricultural), located in the 100-year floodplain. Staff recommended a floodplain development permit finished floor elevation 2.0 feet above base flood elevation.
  • Applicant Testimony (Gentry Russo): The applicant is a general contractor for the rebuild NC program, replacing 70 mobile home units statewide. The lot has already been prepped and flood elevation markers set.
  • Board Comments: Ann Bellis noted the road (Sandstone Court) is in very poor condition and asked for guidance. Attorney Phillips and staff clarified it is a private street; maintenance is the responsibility of the HOA or residents. No opposition to the application.
  • Staff Recommendation: No objection with conditions.
  • Board Vote: Unanimous approval of findings of fact and petition.

Item 3: Special Use Permit – Child Daycare (Drop-in Care) (Andrew Davis III)

  • Recusal: Chair Michael Glenn recused himself due to ownership interest in the property. Vice Chair Rodney Bullock presided. John LaDrene became a voting member.
  • Applicant Location: 1716 West Fifth Street (tax parcel 17562).
  • Staff Report (Elizabeth Blunt): The property is 0.42 acres, zoned CDF (Downtown Commercial Fringe). The use is a drop-in child care facility, not a licensed daycare. Under NC General Statute 110-862D, parents must be easily accessible and care is not employment-related. Staff recommended conditions: no outdoor activities; children must remain inside; must obtain applicable licensing; no conversion to full daycare without new permit.
  • Applicant Testimony (Andrew Davis III): He identified a need for drop-in care, especially during the pandemic for remote learning and appointments. He noted similar services exist on the other side of Greenville. He asked about outdoor recreation; staff clarified it is not allowed under drop-in care, and he accepted.
  • Planner Testimony (Leanne Friesen, AICP): She assisted with the application and affirmed that all special use criteria were addressed.
  • Board Questions: Clarification on "easily accessible" (parents can be on-site or reachable by phone). Applicant confirmed use aligns with statute.
  • Staff Recommendation: No objection with conditions.
  • Board Vote: Unanimous approval of findings of fact and petition.

Key Outcomes

  • Approval of Minutes: Unanimously approved.
  • Item 1 (Tattoo Shop): Unanimously approved with staff conditions.
  • Item 2 (Mobile Home): Unanimously approved with floodplain conditions.
  • Item 3 (Drop-in Child Care): Unanimously approved with conditions (no outdoor activities, licensing requirements).
  • The meeting adjourned after all business.

Meeting Transcript

Okay, Mr. Chair, you all are live. All right, good evening, everyone. Um, meeting will now come to order. I want to welcome you to the October 22nd meeting of the City of Greenville Board of Adjustment. My name is Michael Glenn, and I am the chair of the board. I would like to start by acknowledging that we're conducting this meeting using a remote electronic platform. I would ask for your patience today as we proceed. The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General Statutes and the City's Code of Ordnance. 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 twenty twenty-three, 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 heard by way of simultaneous remote meeting platform. Third, notice of this meeting was provided to the applicants and the public in numerous ways. Specifically, tonight, excuse me, 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. And each notice letter 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 requirements to provide such notice. 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. We will reaffirm everyone's oath on the record at the meeting during our meeting. All right. Mr. Clerk, if you will please call the roll. Yes, sir. Michael Glenn? Here. Rodney Bullock? Here. Ann Bellis? Here. Hunt McKinnon? Here. Christopher Lilly? Here. Sharon Evans? Here. Stephen Atkinson. Nathan Cohen? Here. Dylan Godley. John LaDrene? Here. Mr. Chair, you have a quorum.

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