Greenville Board of Adjustment Special Use Permit Hearings - March 25, 2021
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Greenville Board of Adjustment Special Use Permit Hearings - March 25, 2021
The Greenville Board of Adjustment met virtually via Zoom on March 25, 2021, at 6:00 PM. The board conducted two evidentiary public hearings for special use permits: one for a mobile home placement and one for a tattoo shop. Both applications were approved unanimously.
Consent Calendar
- Approval of Minutes (February 25, 2021): Unanimously adopted.
Discussion Items
1. Special Use Permit – Mobile Home at 956 Mizell Street (Applicants: Cliff Padilla and Dorothy Council)
- Staff Report (Ms. Blunt): The property is 0.37 acres, zoned RA20 (Residential Agricultural), located in the extraterritorial jurisdiction (ETJ). Surrounding uses include residential mobile homes. The proposed use complies with the future land use plan. Staff recommended no conditions. The board discussed a concrete pad shown on the plot plan; staff clarified it is not part of this application but will be addressed during building permit review.
- Applicant Testimony: Dorothy Council stated they plan to place a mobile home and also use the concrete pad for a structure (e.g., a barn), which they had discussed with the landowner. Cliff Padilla confirmed. The board received no public opposition.
- Decision: The board closed the public hearing, then unanimously approved findings of fact and the petition. The board also confirmed that all parties (applicants and staff) consented to the remote hearing and had standing.
2. Special Use Permit – Tattoo Shop at 0 W 9th Street (Applicants: Cristian DeJesus, Harry Garcia, and William Ashbery)
- Staff Report (Ms. Blunt): The property is 0.34 acres, zoned CD (Downtown Commercial), located in the West Greenville certified redevelopment area. The applicant proposes a tattoo shop and art gallery in one unit of a four-unit building. The use requires a special use permit for the tattoo shop only. Staff recommended conditions: compliance with NC Department of Public Health regulations (sanitation, needle disposal, etc.), prohibition of tattooing persons under 18 per NCGS 14-400, and no lottery outside the business. Staff had no objection with these conditions.
- Applicant Testimony: Cristian DeJesus stated the shop aims to cater to young professionals and the artistic community, distancing from stereotypical tattoo parlor imagery. He expressed commitment to supporting surrounding businesses.
- Decision: The board closed the public hearing, then unanimously approved findings of fact (including a noted address clarification) and the petition. The board also confirmed standing and consent for participants.
Key Outcomes
- Motion 1 (Mobile Home): Unanimous vote (7-0) to approve findings of fact and the petition. The special use permit is granted with no additional conditions.
- Motion 2 (Tattoo Shop): Unanimous vote (7-0) to approve findings of fact and the petition, subject to staff’s recommended conditions.
- Procedural: All parties affirmed consent to the remote electronic hearing format. The board also noted a future training session for members in early May 2021.
- Meeting Adjourned: Unanimous vote (7-0).
Meeting Transcript
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'd like to provide some important information about the steps taken to ensure that each party's due process rights are protected as we proceed. First, tonight's meeting will be conducted in accordance with uh statutes and session law 2020-3, which allow for remote meetings for 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 at the start of each hearing tonight that the participants in the evidentiary hearings consent to the matter proceeding in this remote remote platform. No cases proceeding tonight in which the city has been contacted by an individual who objects to this meeting being heard by way of remote meeting platform. Third, notice of this meeting was provided to 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 and each notice letter notify 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. The notice for tonight's meeting contained information about the means by which the public can access the meeting as the meeting occurs. Fourth, any individual wishing to participate in tonight's hearings was required to sign up prior to the meeting to participate. Information about the sign-up requirement, along with the information about how to sign up to participate, was included in the mailed notice letters sent to each property owner within 250 feet of each subject property. This information was also included on the board's website and among other information, a link to the board's website was included in all methods of notice. All individuals participating in tonight's evidentiary hearings were also required to submit a copy of any presentation document, exhibit, or other material that they wish to submit at the hearing prior to tonight's meeting. All materials that the city received from the participants in tonight's cases, as well as a copy of the city of city staff's presentations and documents were posted online on the Board of Adjustment meeting schedule and agenda prior to this meeting. All materials that will be discussed tonight can be viewed at any time during the meeting by visiting the Board of Adjustment page on the city's website and clicking on the March 25th agenda and meeting packet link. 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 the meeting. We will reaffirm everyone's oath on the record at tonight's meeting. All right. Yes, sir. Michael Glenn. Here. Rodney Bullock? Here. Ann Bellis. Here. Hunt McKinnon. Here. Christopher Lilly. Here. Sharon Evans. Here. Stephen Atkinson? Yes. Nathan Cohen. Ryan Purdle. And John Landrine. Mr. Chair, we have a quorum. Mr. Chairman, also all members present tonight are voting members for tonight's meeting. All right. Thank you, Madam Clerk. And uh thank you.
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