OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Greenville Board of Adjustment Meeting - May 2, 2022

Board of Adjustment — Monday, May 2, 2022
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateMonday, May 2, 2022
StatusFILED
Video Record
Meeting Thumbnail
⇩ GET FROM SOURCE

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:42

Good evening.

0:43

This meeting will now come to order.

0:45

Welcome to the April 28th, 2022 meeting of the City of Greenville Board of Adjustments.

0:50

Madam Clerk, if we would please give us a roll call.

0:53

Yes, sir.

0:54

Rodney Bullock.

0:55

Yes, ma'am.

0:56

Christopher Lilly.

0:57

Here.

0:57

Ann Bellis.

0:59

Hunt McKinnon.

1:00

Here.

1:00

Sharon Evans.

1:01

Nathan Cohen.

1:02

Here.

1:03

John Landrine.

1:04

Here.

1:04

Ryan Purdle.

1:06

Nathan Brannan.

1:07

Here.

1:08

We have a quorum.

1:09

Mr.

1:10

Chairman, the voting members for tonight's meeting are Mr.

1:14

Bullock, Miss Bellis, Mr.

1:16

McKinnon, Mr.

1:17

Lilly, Ms.

1:18

Evans, Mr.

1:20

Cohen, Mr.

1:21

Landrine, Mr.

1:22

Brandon is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions.

1:29

Very good.

1:30

And at this time we are I'm going to seek a motion for the approval of last month's minutes.

1:39

I have a motion.

1:40

Is there a second?

1:41

Second.

1:42

There is a second.

1:43

All of those that are in favor of the approval of last month's minutes, would you please let that be known by saying aye?

1:48

Aye.

1:49

Any opposers.

1:51

Very good.

1:52

That motion passes.

1:53

And now we will hand things over to Attorney Phillips.

1:56

Thank you, Mr.

1:57

Chairman.

1:57

As stated, uh the following applies to all evidentiary matters for the consideration by the board tonight.

2:04

As stated on pages two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows.

2:11

The Board of Adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition.

2:22

The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed in a court are relaxed for cases heard before this body.

2:31

Though the rules of evidence are relaxed, it does not mean that they are ignored.

2:35

Only evidence that is material competent and substantial will be considered and may be used by the board in its decision making process.

2:43

The board may not consider, nor is it admissible to present or offer affidavits, letters, or other writings in support of or in opposition to a matter before the board unless the person who prepared the writing is testifying.

2:54

These writings are considered hearsay.

2:57

Statements by persons, such as, in my opinion, that application will create a traffic hazard is not an admissible opinion and may not be considered by the board.

3:05

However, such an opinion may be admissible if it is made by an expert or by a person who is qualified to give opinions concerning traffic hazards, is making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report.

3:20

A lay person can give an opinion, but he or she must also prevent fact present facts to show how the proposal affects his or her piece of property specifically and not just in a general way.

3:32

A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or application is hearsay and is not admissible.

3:42

The same rule applies to both the applicant and those in opposition.

3:46

Pursuant to North Carolina General Statutes 160D-109, 160 D406, and Section 4 of the Board of Adjustments rules of procedure.

3:54

No member of the Board of Adjustments shall participate in either the discussion or vote on any special use permit, variance or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker.

4:11

Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to change his or her mind, an undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████54%
Procedural████████████████19%
Legal Procedure██████████12%
Public Safety███████8%
Alcohol Regulation███4%
Transportation Safety███3%
Summary of Proceedings

Greenville Board of Adjustment Meeting - May 2, 2022

The Greenville Board of Adjustment met on May 2, 2022, to consider two items: approval of a proposed order denying a variance for Jason and Noel Grace Jasinski (old business) and a public hearing on a special use permit request from RKM Greenville, LLC to operate a convenience store with gasoline sales at 3436 S Memorial Drive. The board voted unanimously to approve the order denying the variance and, after discussion, approved the special use permit with staff's recommended conditions.

Old Business: Approval of Variance Denial Order for Jasinski

  • The board considered a proposed order regarding a variance request heard in February 2022. Attorney Emmanuel McGirth recommended striking the word "unanimous" from the order on page six and changing language on page five regarding vehicle size from "modern vehicles 2015 and higher" to "more recent than 2015." The motion to adopt the order as amended carried unanimously (8-0). The variance had been denied because it did not meet the required four-fifths vote.

New Business: Special Use Permit for RKM Greenville, LLC

  • The applicant, RKM Greenville, LLC, sought a special use permit to operate a convenience store with gasoline sales on a 1.3- acre undeveloped parcel zoned CG (General Commercial) at 3436 S Memorial Drive. Staff presented recommended conditions, including final platting, stormwater management, parking, and restrictions on outdoor amplified sound and neon lighting. A condition prohibiting "no restaurant-related outdoor accessory activity" was contested by the applicant, who asked for its removal. The applicant argued that future outdoor seating (e.g., tables and chairs) should not be restricted, but staff clarified that if the use evolves into a restaurant, a separate special use permit may be required. After debate, the board decided to retain the condition, noting that removing it could grant special privilege. The board voted to approve the special use permit with all staff- recommended conditions.

Key Outcomes

  • Variance Denial Order (Jasinski): Approved unanimously with amendments.
  • Special Use Permit (RKM Greenville, LLC): Approved with staff's recommended conditions. The condition prohibiting restaurant-related outdoor accessory activity remains. The applicant may need to return for a separate permit if future food service qualifies as a restaurant.

Meeting Transcript

Good evening. This meeting will now come to order. Welcome to the April 28th, 2022 meeting of the City of Greenville Board of Adjustments. Madam Clerk, if we would please give us a roll call. Yes, sir. Rodney Bullock. Yes, ma'am. Christopher Lilly. Here. Ann Bellis. Hunt McKinnon. Here. Sharon Evans. Nathan Cohen. Here. John Landrine. Here. Ryan Purdle. Nathan Brannan. Here. We have a quorum. Mr. Chairman, the voting members for tonight's meeting are Mr. Bullock, Miss Bellis, Mr. McKinnon, Mr. Lilly, Ms. Evans, Mr. Cohen, Mr. Landrine, Mr. Brandon is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions. Very good. And at this time we are I'm going to seek a motion for the approval of last month's minutes. I have a motion. Is there a second? Second. There is a second. All of those that are in favor of the approval of last month's minutes, would you please let that be known by saying aye? Aye. Any opposers. Very good. That motion passes. And now we will hand things over to Attorney Phillips. Thank you, Mr. Chairman. As stated, uh the following applies to all evidentiary matters for the consideration by the board tonight. As stated on pages two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows. The Board of Adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition. The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed in a court are relaxed for cases heard before this body. Though the rules of evidence are relaxed, it does not mean that they are ignored. Only evidence that is material competent and substantial will be considered and may be used by the board in its decision making process.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com