Greenville Board of Adjustment Meeting - February 24, 2022
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Greenville Board of Adjustment Meeting - February 24, 2022
The Greenville Board of Adjustment held a virtual meeting on February 24, 2022, at 6:00 PM via Zoom. The board considered five public hearings, approved minutes from January 2022, continued approval of December 2021 minutes, and discussed a pending appeal. All votes were unanimous unless noted.
Consent Calendar
- Approval of Minutes – December 16, 2021: Continued to the next meeting after board member Hunt McKinnon objected to a statement attributed to him. The board voted unanimously to continue.
- Approval of Minutes – January 27, 2022: Approved unanimously after adding a clarifying paragraph about generator operating hours as requested by McKinnon.
Public Comments & Testimony
- Francisco Elvira (Applicant): Expressed desire to place a mobile home on his lot at 519 Fenner Drive for his parents to live in. No opposition.
- Scott Anderson (Applicant’s representative for Pinnacle Fire Tower Self Storage): Presented a self-storage facility plan, noting compliance with zoning, future right-of-way considerations, and low traffic generation. No opposition.
- Dan Blackman and Paul Meyer (Applicants for child daycare): Described an intergenerational community concept with a daycare serving a charter school and senior living. No opposition.
- Jason and Noel-Grace Jasinski (Applicants for variance): Argued that the existing garage is too small for modern vehicles and that rebuilding it in the same location with a 263 sq ft expansion is the most practical and least invasive option. They stated the garage would include a conditioned office space, not a rental apartment.
- Hat Maxwell (Opponent, neighbor and president of Tar River University Neighborhood Association): Opposed the variance, citing safety concerns about exiting onto Maple Street, potential precedent for weakening setback rules, and the need to maintain single-family zoning.
- Michael Barnum (Opponent, neighbor): Concerned about safety backing out of the garage and objected to the efficiency apartment concept.
Discussion Items
- Special Use Permit – Francisco Elvira: Staff reported the property is in RA20 zoning, complies with the future land use plan, and no conditions were recommended. Board discussion focused on the private street status of Fenner Drive. The permit was approved unanimously.
- Special Use Permit – Pinnacle Fire Tower Self Storage: Staff noted the property is zoned CG, with surrounding zoning including CG, RA20, and R6S. The applicant will subdivide the 10-acre lot, provide a 30-foot landscape buffer, and access will be right-in/right-out from Fire Tower Road. Board member Christopher Lilly disclosed a prior conversation with the applicant but stated it did not bias him. The permit was approved unanimously.
- Surrender of Special Use Permit – Daniel S. Kadis: The tenant requested surrender, but the property owner’s authorization was not obtained. The board voted unanimously to continue the matter to the next meeting.
- Special Use Permit – Dan Blackman & John Small: The daycare is proposed on a 21-acre parcel in the ETJ, zoned RA20 and CN. It will have seven classrooms for infants through pre-K4. Staff recommended conditions including compliance with state licensing. The permit was approved unanimously (6-0, with one member temporarily disconnected).
- Variance Request – Jason and Noel-Grace Jasinski: The applicants sought a variance from non-conforming regulations and dimensional standards to expand an existing garage. Staff recommended denial, arguing the hardship is not unique to the property (common in older neighborhoods) and the expansion is self-created. The board voted 5-1 against approval (one abstention), failing to reach the required four-fifths majority. The variance was denied. The applicants were informed of their right to appeal to Superior Court within 30 days.
Key Outcomes
- Approved: Francisco Elvira’s special use permit for a mobile home (unanimous).
- Approved: Pinnacle Fire Tower Self Storage special use permit (unanimous).
- Continued: Surrender of special use permit by Daniel S. Kadis (unanimous, to next meeting).
- Approved: Dan Blackman & John Small’s special use permit for a child daycare facility (unanimous).
- Denied: Jason and Noel-Grace Jasinski’s variance request (5-1 against, one abstention).
- Announcement: The board discussed a pending appeal by KLA Holdings, LLC, regarding a notice of violation. The case will be scheduled for an in-person hearing, likely in March or April 2022, as the applicant requested an in-person meeting.
Meeting Transcript
No cases proceeding tonight in which the city has been contact contacted by any 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, notice of tonight's evidentiary hearing has been provided by mail to all property owners within 250 feet of each subject property. The mail notices were set at least two weeks in advance in the meeting date and within the law to provide such notice. And each notice letter notified the receipt 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. Tonight's meeting notices contained information about the means by which the public can access can access the remote meeting as the meeting occurs. 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 evidentiary hearing prior to tonight's meeting. All materials that the city received from the participants of tonight's cases, as well as a copy of city staff's report and documents were posted online on the Board of Adjustment Meeting Schedule and agenda prior to this meeting. All materials that will be discussed today can be viewed at any time during tonight's meeting by visiting the Board of Adjustment page on the city's website and clicking the November 18, 20, and clicking no the February 24th. I'm sorry, the February 24th, 2022 agenda and meeting packet link. No new documents will be presented at tonight. All decisions of this board are subject to appeal with the Pitt County Superior Court. Finally, any individual planning or submit evidence in an evidentiary hearing will have to provide their consent for tonight's meeting. We will affirm everyone's oath on the record tonight. Madam Clerk, if you would please give us a roll call. Yes, sir, Rodney Bowling. Yes, ma'am. Christopher Lilly. Yes. Anne Bellis. Hunt McKinnon. Darren Evans. Here. Nathan Cohen. Here. John Landrine. Here. Ryan Perdle. Brian Bertle. Here. Nathan Branan. Mr. Chair, we have a quorum. Very good. At this time, we'll turn it over to City's attorney. That's our voting members. Okay. Thank you. Thank you, Chair. I'm Emmanuel McGirth, the city attorney, and I'm joined with Miss Danae Alexander, and we're gonna be your legal advisors for the board tonight and in the absence of uh Mr. Phillips. Um, so from the roll call, this is my determination that the voting members are rightly both the chair and Bellis, Hunt McKinnon, uh Christopher Lilly, Sharon Evans, and Nathan Cohen, those are all the regular members. Am I right, madam? Clerk. Yes, sir. And so the seventh person, we need the who's the first alternate? John Landry. John Lee and Dream.
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